Three people who admitted attacking a man with a hatchet have avoided jail at Aberdeen Sheriff Court.
Elizabeth Milne, 30, Richie Milne, 34, and Darren Small, 35, all pled guilty to one charge of assault.
The incident took place on July 20 last year at an address in the Seaton area of Aberdeen, where a man, who is not being named for legal reasons, was attacked by the trio with a small axe.
Guilty pleas
The three pled guilty to repeatedly striking him on the head and body with the weapon, to his severe injury, permanent disfigurement and danger to his life.
The court heard that the man had not engaged with the proceedings and failed to give a statement to the police.
Fiscal depute Dylan Middleton said there had been a dispute earlier in the day between the man and Elizabeth Milne and she had contacted her brother Richie and Small for help.
Mr Milne and Small joined Ms Milne at around 8.45pm at an address on Seaton Gardens, Mr Middleton said.
On entering the communal hallway of the property, Small – who was holding the hatchet – lunged towards the victim along with Richie Milne.
“Neighbours heard the complainer screaming and contacted the police,” continued Mr Middleton.
“Once within the flat, Richie Milne and Small repeatedly struck the complainer on the head and Small struck him on the head with the hatchet.
Crime scene splattered with blood
“The police arrived quickly, having been contacted by the neighbours. Upon arrival, the police found all three accused and the complainer all within the locus with the complainer bleeding heavily.
“There was significant blood staining on the walls and floor of the property.
“An ambulance was requested for the complainer and he was conveyed to Aberdeen Royal Infirmary.”
The fiscal told the court the man sustained a one-inch cut to his head which needed stitches and bruising and marks to his head.
The three were arrested and whilst under caution Elizabeth Milne stated: “I panned his head in, my brothers didn’t do anything.”
‘He acted foolishly’
Small was placed on remand following his arrest and the Milnes were released on bail.
The court heard how Darren Small, a close friend of the family, was treated as a brother by the Milne siblings.
Small’s defence solicitor Laura Gracie said her client considered himself like a brother to the Milnes and at the time had been self-medicating himself with Valium for a mental health disorder.
She went on to say that her client was aware that the victim was known to carry weapons and is serving a sentence currently for a similar offence, which is why he had a hatchet with him on the day in question.
“He acted foolishly,” Ms Gracie added. “But did not act with no apparent reason. He thought the complainer had acted towards his sister and he reacted to that.”
Sheriff Lesley Johnstone said it had been a “violent attack” and they had “taken the law into your own hands”, adding that they had all since shown “levels of remorse and insight”.
Sentencing
She placed Elizabeth Milne under a Restriction of Liberty Order for three months, compelling her to remain within her home address, Persley Denview, between the hours of 7pm and 7am daily.
Richie Milne, of Ruthrieston Circle, Aberdeen, was also placed under a Restriction of Liberty Order for six months with the same daily curfew and ordered to carry out 195 hours of unpaid work in the community.
Darren Small, whose address was given as HMP Grampian, was released on bail and placed under a Restriction of Liberty Order for six months and ordered to carry out 225 hours of unpaid work.
Both Milne and Small have 12 months to complete their Community Payback Orders.