Man jailed for fracturing neighbour’s cheekbone

Oct 20 2011 by Alistair Watson, West Lothian Courier

A MAN has been jailed for fracturing his neighbour’s cheekbone in a row about car parking.

Danny French and his victim clashed on Loch Maree Way in Whitburn on April 6 this year.

Livingston Sheriff Court heard French returned from shopping with his mum to find the street blocked by his neighbour’s car which was double parked.

French threw stones at the man’s living room window to get his attention.

“The complainer went to investigate and saw the accused outside,” fiscal depute Marion Haig said.

“He opened the window and spoke to the accused who asked him to move his car. He left the flat and joined the accused outside.

“At that point a verbal argument started between the two and the accused became aggressive. The accused punched the complainer so that he fell backwards over a fence and on to the ground.

“Once he was on the ground the accused punched him approximately five times on the face.”

The court heard the victim suffered a fractured cheekbone in the attack.

“The doctor who was treating the complainer said that the complainer has numbness to the left side of his cheek and currently finds it difficult to open and close his mouth because of a metal plate inserted into his cheekbone,” Ms Haig added.

French, whose address was given as Loch Maree Way, Whitburn, pled guilty to assaulting his victim to his injury and impairment.

His solicitor, Darryl Lovie, told the court it was clearly a serious matter.

“Even more so given the consequences to the victim in terms of his injury and impairment,” the solicitor added.

“The complainer came storming out of his house and gave no indication that he was going to move his car but stood in a very close proximity to French acting in an aggressive and angry manner.

“He accepts that rather than walk away from the situation at that point he became involved in a verbal altercation with the complainer.

“French turned away from the complainer and then the complainer spat on French’s neck. It was at this point that French turned and punched the complainer who fell over a small fence and the accused proceeded to punch him repeatedly and then he walked away. The whole incident was over in a very short period of time.

“He didn’t appreciate the extent to which he had injured his victim and it was only after the police got involved that the injuries came to light.

“To all extents and purposes he lives a quiet and industrious life and is a valued member of the community.

“He thoroughly regrets behaving in this manner.

“He appreciates that the very fact that he retaliated to the complainer spitting on him is an indication that, in the heat of the moment, there are issues that could be addressed in terms of his anger management.

“It is recognised that this is a serious matter and one in which the court may be considering a custodial sentence but I would ask the court to take the view that it is perhaps not necessary to impose such a sentence at this stage.”

However, Sheriff Grahame Fleming said he had no option but to jail French.

Sentencing French to 10 months imprisonment Sheriff Fleming said: “I have taken into account all that has been said on your behalf and the material contained within the criminal justice social work report.

“I consider that no sentence other than imprisonment is appropriate in your case having regard to the nature of the offence and the injury caused to the complainer.

“In particular while I accept you were provoked it is clear that while the complainer was on the ground you persisted in your attack and fractured his cheekbone.”