A Moray mum who joined in a gang’s “vicious” attacks at two pubs in Keith has had her prison sentence shortened by 11 months on appeal.
Kirstie Kelly, 34, was given a 32-month sentence at Inverness Sheriff Court in April 2023 after she joined in the attacks in Keith.
Kelly, Debbie Baillie, 22, Anthony McPhee, 36, and Lee McPhee, 19, all went on the rampage on February 16 last year.
Sheriff Sara Matheson heard that there were five victims, including two women, in the Moray town’s Crown Inn and Commercial Hotel.
The court saw a CCTV camera recording of the attacks and the sheriff said she was shocked by the level of violence.
Video footage showed a barmaid getting pulled across the floor by her hair and another being dragged from behind her bar.
The sheriff also saw a customer being glassed, another being struck over the head by an electric heater and a fifth suffering repeated kicks, punches and stamps.
Depute fiscal Pauline Gair told the court the attacks began soon after the group entered the Crown Inn in Reidhaven Square.
She said that after walking into the pub Anthony McPhee began to talk with a man who was sitting at the bar, while the rest of the group went through to the pool room.
Mrs Gair said the conversation was “friendly at first, but then became increasingly hostile”.
Soon after this simultaneous attacks were launched on the 48-year-old customer and a female member of staff.
One victim suffered ‘fractured left eye socket and fractures to his cheekbone’
Kirstie Kelly, then seized the 54-year-old woman by the hair, pulling her out from behind the bar before repeatedly punching and kicking her.
Meanwhile, Anthony McPhee punched the male customer in the head, knocking him to the ground.
The man got up but went down again after repeated punches to the head and body.
Mrs Gair said: ”He held his head in his hands, at which point Anthony McPhee kicked him to the head.”
The court heard that when the man got up again, Lee McPhee glassed and punched him.
His attack was stopped by the two females and Anthony McPhee, who were seen on the CCTV to drag him away.
But Anthony McPhee then punched the man before Lee McPhee kicked him in the head.
He was left with a fractured left eye socket and fractures to his cheekbone.
After the attack the four left The Crown Inn and headed to the nearby Commercial Hotel on Mid Street.
The quartet were asked to leave by the barmaid but did not.
The McPhees repeatedly punched a seated customer twice in the head.
They then attacked another man by punching, kicking and head-butting him, before stamping on his head and body.
Lee McPhee ended the attack by hitting the victim over the head several times with an electric heater.
During the fracas, the 27-year-old barmaid had attempted to call police on her phone.
But this was noticed by Kelly, who shouted at her to stop.
Kelly and Baillie then pulled the woman from behind the bar to the ground and repeatedly kicked her on the head and body. Lee McPhee also joined in the attack.
The woman was left with two bald patches, swelling to her head and bruising to her temple and forearm.
Judges ‘persuaded to discount’ prison sentence
Kelly, of Blackmuir Cottages, Keith, pled guilty to two charges of assault to injury.
The sentence given to Kelly was discounted.
She was told that if she had been found guilty after a trial, she would have been given 36 months imprisonment.
The revelation prompted her lawyers to appeal against their client’s sentence.
On Tuesday, defence advocate David Taylor told the Court of Criminal Appeal in Edinburgh that the sentence imposed on his client was excessive.
Judges Lord Pentland and Lord Boyd agreed with the submission.
Lord Boyd, who delivered the judgment, said that Sheriff Matheson was mistaken to have said Kelly would have been given three years if she had been found guilty following a trial.
“A starting point of three years was excessive,” Lord Boyd added. “We believe that an appropriate starting point would have been two years and we are persuaded to discount that to 21 months”.
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