A Paisley lout described as a “walking breach of the peace” has been jailed after he kicked a man’s head as he lay on the ground.
Kenneth Gray, 54, was “sitting eating his mince 'n' tatties, listening to band music” when he thought Paul Ward was trying to get into his house.
Gray went to investigate what was happening and ended up having an argument with Mr Ward, which resulted in the pair coming to blows.
Gray appeared at Paisley Sheriff Court on Friday via video link from Low Moss Prison in Bishopbriggs, East Dunbartonshire, where he admitted assaulting Mr Ward on July 26 to his severe injury.
Prosecutor Edwin Sheeran told Paisley Sheriff Court: “Around 9pm on July 26, the accused was within his home address in Abbot Street and Paul Ward was outside making a nuisance of himself.
“Gray went outside to confront Ward and an argument began.
“The pair moved up towards Netherhill Road where the accused punched Ward to the right side of his face and repeatedly kicked his head while he was on the ground.
“The police and an ambulance were contacted and Ward was taken to the Royal Alexandra Hospital.
“Gray was arrested at his home shortly before 10pm.
“Ward had bruising to his right eye and a laceration to his head. He also suffered a fracture to his right eye socket and fracture to his right cheek bone.
“Ward was noted to be hostile and he didn’t provide any further information on his injuries or a statement to police.”
Defence agent Terry Gallanagh told the court Mr Ward had been arrested earlier in the day but was freed.
Mr Gallanagh, added: “Once liberated, Paul Ward continued to simply act in an unacceptable manner in public.
“He attempted to enter Mr Gray’s home and Mr Gray thought he was trying to break in.
“To put it in his words, he was sitting eating his mince 'n' tatties listening to band music when a person clearly under the influence of drugs tried to enter his home.”
Mr Gallanagh also explained that police evidence concluded Ward was hostile and under the influence of drugs.
“Mr Gray lost his temper,” continued Mr Gallanagh. “He engaged with Mr Ward and kicking him on the ground is totally unacceptable and he totally accepts that.
“I’ve described Mr Gray previously as a walking breach of the peace as he is both blessed and cursed with a loud and booming voice which even makes me sound like a church mouse. But his conduct is mitigated by the conduct of Mr Ward.”
Sentencing, Sheriff Bruce Erroch KC slammed Gray’s behaviour as “over the top” and said: “You have acknowledged your behaviour as wholly unacceptable.
“What you did was, having punched a man, you then kicked him when he was on the ground which can only be described as disgraceful.
“I take into account Mr Ward conducted himself in an irresponsible fashion, but your response went way, way over the top.”
Sheriff Erroch KC sentenced Gray to 12 months in jail backdated to his date of remand on July 27.
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