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Teen who bottled victim, 34, said he felt intimidated by ‘old man’

Donald Johnstone was sentenced at Elgin Sheriff Court. Image: Facebook/ DC Thomson
Donald Johnstone was sentenced at Elgin Sheriff Court. Image: Facebook/ DC Thomson

A teenager who permanently scarred a 34-year-old man by striking him over the head with a glass bottle told police he felt intimidated by the “old man”.

Donald Johnstone, 18, hit the bottle over the head of his victim, who had been walking home after socialising with friends in Elgin.

Fiscal depute Emma MacEwan told Elgin Sheriff Court Johnstone attacked the man in Newmill Road at around 9.10pm on May 21 last year.

She said: “The witness became aware of a group of youths and by the way they were shouting and being abusive he believed they were abusive towards him so decided to approach them.

“He approached the accused who immediately lunged towards him and struck him over the head with a glass bottle causing him to fall to the ground.

“An independent witness saw what had happened and felt alarmed so called the police.”

Claimed ‘old man’ started on him

When officers attended Johnstone’s victim had already gotten up and begun walking home however he was traced nearby with a bloodied face.

“He initially didn’t want to discuss the matter and wanted to go home however then chose to speak about the incident,” said the fiscal depute.

Police officers traced Johnstone in the Kingsmills area and he told them he’d “bottled” the man because he “thought he was going to start on him”.

Once cautioned and charged he stated: “I don’t know why I am getting charged for an old man starting on me and intimidating me.”

His victim received medical treatment and required a 1cm glue line to close a cut on his head which left a scar.

Johnstone admitted a charge of assault to injury.

Seeking help for alcohol misuse

His defence agent Robert Cruickshank said: “He is noted to be apologetic and remorseful.

“Mr Johnstone acknowledges he was very drunk when he committed this offence.”

After first expressing her surprise that “34 constitutes old nowadays” Sheriff Olga Pasportnikov handed Johnstone, of Kingsmills, Elgin, 180 hours of unpaid work and 18 months of supervision.

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