Livingston man jailed after row with partner

Feb 4 2010 by Alistair Watson, West Lothian Courier

A MAN who slammed a sledgehammer off the floor during an early morning argument with his partner has been jailed.

Thomas Dickson had been for a night out when he returned to his home address in Fells Rigg, Livingston at around 5am on December 19 last year.

An argument broke out between him and his partner about his late return.

The 20-year-old began shouting and swearing at his partner and during the course of the row he picked up a sledgehammer and banged it on the floor.

She was so concerned by Dickson’s behaviour that she took their baby daughter and left the home before calling the police.

When officers interviewed him about the incident he said he had used the sledgehammer to shut up his partner.

Livingston Sheriff Court also heard that Dickson broke his special conditions of bail on January 13 when they found him in his partner’s home. He had been ordered not to approach or contact her.

Last week Dickson pled guilty to a breach of the peace and breach of bail conditions.

He also admitted failing to appear for a court appearance in April 2009.

His solicitor, Alan Jackson, told the court his client had not drunk much on the night of the incident.

He added: “They rowed about who had woken up the baby and he said he was going to leave but she said he couldn’t. Ultimately it ended up with the incident involving the sledgehammer.”

The court heard that Dickson had been placed on probation for a domestic assault in January 2009, had been found with 42 tablets of ecstasy in February, had a failure to appear in court in April before the domestic breach of assault.

Mr Jackson added: “He wants to make the probation work. He has the opportunity to get a job and he has moved on in his personal life.

“He realises he has breached the trust of the court.”

Sentencing him to 110 days detention and deferring sentence for the possession of ecstasy, Sheriff Donald Muirhead said: “You were misbehaving in the house and putting your partner in a state of fear and alarm.

“This is a pattern of behaviour which has been going on certainly since I started dealing with you and it doesn’t seem to be sinking in with you that you don’t do this sort of thing.

“Taking everything into account, it does seem to me that nothing but a custodial sentence is appropriate. When you are released I hope you will still be under the scrutiny of the court so it is up to you to show you will not return to your old ways.”