Hammer thug is jailed

Aug 26 2010 by Alistair Watson, West Lothian Courier

A THUG who hit a man on the head with a hammer following a drunken dispute has been jailed.

David Porter’s victim has been left with a permanent scar after being struck twice with the weapon in the early hours of November 15 last year.

And Porter himself was left in a coma after retribution for the attack was dished out on him by an unknown assailant.

Livingston Sheriff Court last week heard that the 27-year-old had been drinking at a house in Waverley Street in Bathgate at about 6.30am when the offence took place.

Fiscal depute Lisa McCloy said: “It appears the accused has been annoying the others there and he was challenged by the complainer about his behaviour. They were all seated in the living room and after being challenged the accused left the room and returned moments later in possession of a hammer which he has used to strike the complainer on the head twice. The complainer retaliated and punched the accused to the face.”

The victim then left the house but he was followed by Porter who struck again.

“The accused punched the complainer on the face and the complainer then punched him on the face at least three times,” Ms McCloy added.

Police arrived at the scene to find the accused lying unconscious on the path and he was taken to St John’s Hospital, as was his victim.

Ms McCloy added: “The hammer was recovered by police officers and was found to be bloodstained. The victim required three stitches for the head wound. He has been left with a one-inch visible scar on his head.”

Porter, whose address was given as Market Place, Whitburn, pleaded guilty to assault to injury and permanent disfigurement.

His solicitor, Ken Dalling, told the court his client remained in a coma for eight days following the incident.

“He was found unconscious on the path outside the locus,” Mr Dalling said. “He had stamp marks to his head. It is not known who delivered the blows.

“It had consequences for him and he has significant further impairment in his right ear.

“It is a serious and significant case despite the injuries suffered by him.

“He has a record but doesn’t have a particularly heavy schedule for violence.

“He is still a young man with some ambitions and his ambition is to help others.

“He has not come out lightly from this and has ongoing difficulties because of it. He has learned something of a lesson from that.”

Jailing him for 12 months, Sheriff Douglas Kinloch said: “It appears that the hammer was not yours but you got hold of it and deliberately struck him on the head with it more than once and, it would seem, not caring what injuries you might have inflicted.

“The injuries could have been much more serious than you caused, although you did cause him to suffer some permanent disfigurement.

“It is quite a serious assault with a hammer and it is the fourth time you have been convicted of assault.

“It is my view that you cannot avoid a prison sentence for a serious assault of this nature.

“I will take into account that retribution was met out to you and you yourself were quite seriously injured but this was, to some extent, a premeditated attack.”