A yob who attacked his friend with a dumbbell bar – and stabbed him four times – during a row over a rucksack has been jailed for three years.
Leyton Davies, 23, admitted attacking the man at an address on Don Street, Old Aberdeen, on August 9 last year.
The row ended with Davies striking the man on the head before repeatedly plunging a knife into his leg.
Davies previously admitted a charge of assault to injury and permanent disfigurement, while acting with another, over the attack, as well as possession of the metal bar and knife.
Sentence had been deferred after the Crown and defence could not agree over whether it was Davies or his victim who had initially had the knife.
Accused picked up knife dropped by victim
But now Davies has appeared back in the dock at Aberdeen Sheriff Court and has been jailed – despite prosecutors now accepting that it was his victim who initially had, and then dropped, the knife.
CCTV footage of the incident was played to the court, after which fiscal depute Lynne MacVicar said: “The Crown position is that that footage showed the knife in the complainer’s hand, along with a hat, as he retreated backwards and prior to him being struck by the accused with a metal pole.
Davies ‘remorseful and ashamed’
“The accused variously struck him about the head and body with the metal pole and fists and throws the pole at the complainer.
“The accused returned from off-screen, picks up the bar, continues to strike him and picks up the complainer’s knife from the ground and stabs him.
“As the accused was walking away he was carrying the knife.”
Defence agent Andrew Ormiston said his client was “remorseful and ashamed” of his conduct.
He added: “He did not have the best start in life and is still a relatively young man. He is a young man who has never served a custodial sentence before.”
Sheriff William Summers told Davies, of Sycamore Drive, Wesham, the offences were “serious”, adding: “I recognise and accept you did not bring the knife and I take account of that, but you did pick up the knife and use it.”
He ordered Davies to be jailed for a total of 36 months.
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