A couple attacked their neighbour and robbed her of her iPhone and bank cards to fund their drug addiction.
Lana Smart, 33, and Malcolm Stewart, 38, accosted their female neighbour in a communal hallway as she took her dogs for a walk and asked to use her mobile phone.
When she told the pair she had no credit, Stewart told the woman: “Well, Lana is taking it anyway.”
Smart then punched the woman twice in the face and took her iPhone 7 and bank cards.
The pair pleaded guilty at Aberdeen Sheriff Court to one charge of assaulting their neighbour and stealing her belongings on June 2 2021.
Victim felt ‘trapped and intimidated’
Fiscal depute Lynne MacVicar told the court that the woman left her flat on Manor Walk, Aberdeen, to take her dogs out at around 10pm when Stewart walked into her path.
When she turned around she saw that Smart was behind her in the narrow hallway.
“Stewart asked if they could use the complainer’s phone and she explained that she did not have any credit,” Ms MacVicar said.
“Stewart responded by saying “well, Lana is taking it anyway”.
“Both accused were standing very close to the complainer at this time, making her feel trapped and intimidated – she told the accused they were not taking her phone.
“Smart then punched the complainer twice, connecting with both sides of her face before snatching her mobile phone from her hand.”
The woman’s bank cards were in a compartment in the mobile phone case.
Police traced both Smart and Stewart the following day and found two bank cards belonging to their neighbour in Smart’s bedroom.
Sheriff tells couple they ‘both played a role’
Smart’s defence agent, David Sutherland, told the court that his client “regrets the incident and wants to convey her apologies to the victim”.
He added: “She had underlying drug and alcohol misuse issues at the time and she is very keen to make amends.”
He also stated that Smart had already spent just under 10 months on remand in relation to the offence.
Sam Milligan, Stewart’s defence solicitor, described his client as having “struggled with drug addiction for nigh on two decades”.
He said: “During the period on remand he has become keenly aware of the part drugs have played in his offending.”
Sheriff Andrew Miller told Smart and Stewart that there was “undoubtedly no distinction between either of you in this case”.
He added: “You both played a role with Ms Smart taking the lead role, but there is a concern in relation to both your records.
“However, I’m persuaded at this stage not to impose a period of imprisonment.”
Sheriff Miller sentenced Smart, whose address was given as HMP Grampian, to a community payback order with supervision for three years and 100 hours of unpaid work.
He ordered Stewart, whose address was also given as HMP Grampian, to take part in a drug testing and treatment programme.
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