Community payback order after twisting arm

A man who admitted his second domestic assault conviction has been ordered to carry out 120 hours’ unpaid work in the community.

Gary Roberts admitted scratching his victim on the hand and twisting her arm during a bust-up at their home in Allars Bank on November 28.

But a recommendation by social workers that the 29-year-old attend the Caledonian Men’s Programme was dismissed by the sheriff who noted the couple’s four-year relationship was over and she had moved to Birmingham.

Depute fiscal Tessa Bradley explained that on the day of the offence, Roberts had started drinking with his brother Paul when they got up at 7.30am.

She continued: “The complainer asked him to go out to get something to eat and they started arguing.

“Paul Roberts went into the bedroom to look for something and he heard the comment leave me alone but thought nothing of it as the couple are prone to arguing in what has been described as a volatile relationship.

“The accused briefly left the flat but returned and the arguing started again.

“The complainer text a friend asking to come and get her because she wanted to leave and go back to Birmingham.

“The accused then tried to grab her mobile but scratched her hand and twisted her arm.

“At 1.10pm the accused telephoned the police and said he had scratched his partner.

“When the police arrived at the flat all was relatively calm although the accused was upset.

“He told police it was not a domestic assault and that two days ago she had assaulted him several times but he had let it go.

“Today we had an argument so I decided to phone the police myself.

“She went to hit me so I grabbed her arm and twisted her arm,” he said

The fiscal added that Roberts had thought the relationship would continue but she understood it is now at an end.

Defence lawyer Rory Bannerman said: “He lost his temper with his partner. He acted aggressively and pled guilty at the first opportunity.”

Sheriff Valerie Johnston said what made the matter serious was it was a repeat conviction for domestic assault.

She said: “It happened before so there is clearly a problem and I would be entitled to send you to prison.”

As part of the six-month community payback order, which involved 120 hours’ unpaid work, Roberts is to undergo anger management.