An Aberdeen man has avoided jail despite dragging his partner by her hair and kicking her in a late-night attack that left her injured.
Andrew Kennedy was found guilty of the domestically aggravated assault to injury unanimously by a jury following a trial in February, and sentencing was deferred for reports.
Now the 56-year-old has appeared back in the dock at Aberdeen Sheriff Court to find out his punishment for the offence, which happened on December 1 2019 in the city.
Defence agent David Sutherland said his client was a first offender and highlighted the court-ordered social work report’s suggestion that supervision would be appropriate.
‘Your reaction was entirely disproportionate’
Sheriff William Summers told Kennedy, of Rosebank Gardens, Aberdeen: “It was clear from the evidence you and your partner had an argument in the early hours of the morning.”
The sheriff said he recognised that the woman had returned home in the middle of the night, while Kennedy had gone to bed early, and woke him to let her in.
He said the woman “refused to leave when you asked her to” and “repeatedly switched on the lights”.
Sheriff Summers went on: “If she had left when you asked her to, we would not be here now.
“While all of that goes some way to explaining your actions, it in no way excuses them.
“Your reaction was entirely disproportionate to anything your partner had done.”
He ordered Kennedy to be supervised for two years and complete 200 hours of unpaid work as a direct alternative to custody.
He also imposed a three-year non-harassment order banning Kennedy from contacting his now ex-partner.
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