Three young men who drunkenly kicked, punched and stamped on a man on Aberdeen’s Union Street have been let off – for the sake of their careers.
Bryan Gibson, 22, Michael Stenhouse, 21, and Samuel Tinning, 22, all pled guilty to assaulting their victim following a night out drinking.
But the men’s defence solicitors claimed their clients had been provoked and said a criminal conviction would disproportionately impact their careers.
The sheriff in the case then took the unusual step of granting the offenders an absolute discharge.
It means – despite pleading guilty to the offence – it’s not counted as a conviction, the men did not receive criminal records and they weren’t even punished for what they did.
‘A verbal exchange quickly escalated’
Fiscal depute Georgia Laird told Aberdeen Sheriff Court the violent outburst happened on 14 October 2021.
“The accused are friends and were within Aberdeen city centre socialising at the time under the influence of alcohol,” she explained.
“At 10.12pm, the accused were on Union Street at the junction with Correction Wynd walking east.
“Police CCTV operators became aware of a disturbance involving civilian witnesses and the accused.
“One of the accused noted a bottle of alcohol on the ground and picked it up before placing it back down.
“The witnesses immediately approached the accused and there appeared to be a verbal exchange, which quickly escalated.”
Ms Laird said the witnesses then began to “chase” the men around the then-pedestrianised section of Union Street, which ended up in a physical altercation.
It included one stamp from Gibson, a single kick from Stenhouse and Tinning throwing two punches, connecting with one and missing with the other – all while their victim was on the ground.
The three men then ran off but were traced and arrested shortly afterwards.
Defence agent Gregor Kelly, representing Gibson, said the group had been out watching a friend’s band perform.
They then set off towards Tunnels nightclub and spotted a bottle of alcohol on the ground.
Mr Kelly told the court: “In a state of high jinx, one of the number picks it up and there’s immediately remonstration from the two men that the bottle belonged to”.
The victim was ‘no stranger to extreme violence’
Despite putting the bottle down, there was an “aggressive chase” as the three young students, who had no previous convictions, fled.
Mr Kelly went on: “They are pursued around very large plant holders or tree holders on Union Street.
“There’s a merry dance led around these. The witnesses were very aggressive and looking to exact physical retribution.”
He said Gibson was punched by the complainer who fell to the ground “in a state of inebriation”.
The solicitor added: “As a parting shot, he accepts he stamped on his chest”.
He told the court that there was no injury and that the complainer was “no shrinking violet and no stranger to extreme violence”.
Mr Kelly said Gibson was a student in Glasgow at the time and now works as a mechanical engineer.
He urged the court to grant his client an absolute discharge, explaining that a conviction would “affect his future career greatly” as it could impact his ability to travel abroad.
And he argued a conviction would have a “disproportionate” impact on Gibson.
‘Look, chaps, free wine’
Defence solicitor Stuart Murray, appearing for Stenhouse, said it was his client that picked up what was a bottle of wine after spotting it on the ground.
He explained: “He picked it up and held it in the air jokingly and said, ‘Look, chaps, free wine’.”
Stenhouse then put the drink down but the two men appeared and began protesting angrily.
Mr Murray said the trio tried to leave but were “pursued at some speed”.
He said Stenhouse had also been struck with a can of beer during the altercation and was left with a dislocated shoulder.
The complainer then tripped and ended up on the ground.
‘An extremely churlish and ill-judged move’
Mr Murray said: “In an extremely churlish and ill-judged move, he effectively gave him a toe poke in the stomach as he walked away in some considerable pain.
Discussing Stenhouse’s background, he explained: “He is a young man who has recently finished a degree in architectural technology – an extremely onerous and complex job.
“It’s a job that could take him round the world.”
He argued that, because the matter had been hanging over his client’s head for so long, there was no need to “inflict any further punishment”.
Lynn Bentley, Tinning’s lawyer, said he worked in the oil and gas sector and would, in due course, need to travel abroad for his job.
She told the court: “His greatest fear is a conviction will limit his ability to travel”.
Ms Bentley said her client had thrown two punches, one landing on the man’s body and the other a “wild miss”.
‘There was considerable provocation’
Sheriff Margaret Hodge told Gibson, of Bernham Terrace in Stonehaven, Stenhouse, of Smiddy Park in Kineff, and Tinning, of Longleys Steadin in Laurencekirk, that she would grant an absolute discharge.
She explained: “I take into account the whole background to this case and there was considerable provocation and you were all chased by two men with violent history and you lost control in slightly different ways”.
The sheriff also highlighted the “disproportionate” impact a conviction would have had on their careers.
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