Victim hit with stick in Plean attack

Nov 13 2009 by Stephen Robertson, Stirling Observer Friday

A DISTURBANCE in Plean landed two teenagers in court this week after they both admitted an assault on another man.

Greig Forsyth and Derick Lyons, both aged 19, appeared at Stirling Sheriff Court on Wednesday where they pleaded guilty to the assault at Carbrook Drive on May 30 this year.

The court heard how Lyons had struck the other man with a wooden stick while Forsyth was seen punching him repeatedly. This was said to have been done under provocation following an earlier incident involving the complainer and the accused Lyons’ mother.

Fiscal depute Hayley Greene said that the complainer sustained a number of injuries in the attack including one to his right eye, his nose, as well as some bruising.

Threat

For Forsyth, lawyer Stephen Maguire, said: “The plea was tendered under provocation. There was an incident involving the co-accused’s mother. Mr Forsyth was in the area and was aware of it ongoing and unwisely decided to get involved.”

He added that Forsyth had indicated that he himself had felt under some threat from the complainer to start with but that he had thereafter gone “beyond what was reasonable”.

Fracas

Representing Lyons, lawyer Ken Dalling again confirmed that the guilty plea had been tendered under provocation and indicated that the complainer had also since been “separately prosecuted” for his part in the earlier fracas.

However, Mr Dalling added: “He accepts that he grabbed the stick and used that.”

Considering sentencing, Sheriff Andrew Cubie said: “Whether there was a level of provocation or not, this was still a very serious assault.”

The sheriff then sentenced Forsyth, of Wallace Crescent, Plean, to complete 100 hours of community service. This was partly on the basis that he had no previous convictions.

Turning to Lyons, of Bruce Street, Plean, Sheriff Cubie said: “Your circumstances are different due to your record, which includes analogous offences, and you used a weapon.”

He then ordered that Lyons complete 240 hours of community service – the maximum amount available.