JAMES MCGILL & STEVEN HARRISON v. PROCURATOR FISCAL, PERTH

McGill's Case [1] On 10 April 2011, at a trial diet at Glasgow Sheriff Court, the appellant James McGill pled guilty to a charge of breach of the peace, occurring at Strathblane Court on 25 July 2011. The libel was that he formed part of a disorderly crowd, shouted, swore, brandished "weapons" and challenged others to fight. Pleas of not guilty to a charge of an assault on an unknown male and three others of carrying offensive weapons were accepted by the Crown.

[2] The locus was a new build housing scheme in Netherton. The incident appears to have involved a gang fight, with a group of youths going to the scheme by car in order to attack the appellant, who lived there, and his friends. The appellant was seen with a dog chain as a knuckle duster and wielding a baseball bat in the CCTV images of the fight. At the end of the incident, which was particularly frightening to the children who witnessed it, the participants shook hands and went their separate ways.

[4] The sheriff sentenced the appellant to 21 months imprisonment, which had been reduced for the plea at the trial diet from one of 2 years.

Harrison's Case [6] On 26 March 2013, at a trial diet at Perth Sheriff Court, the appellant Steven Harrison, who is aged 22, was found guilty of a charge of assault to severe injury on 25 May 2012 at South Methven Street, Perth. He had, along with some friends, attacked the complainer, who was a 20 year old student, outside a nightclub in the early hours of the morning after an altercation. He punched the complainer on the jaw, causing significant dental damage.

[7] The appellant had four previous convictions for assault, one also being to severe injury. At the time of this offence he had been the subject of a Community Payback Order in respect of culpable and reckless conduct. He had been placed on probation on four previous occasions.