A thug who battered a chip shop worker over an alleged £40 debt has been sentenced to two and a quarter years imprisonment - but immediately released because the courts backlog due to the pandemic meant he had already been in jail for the equivalent, with remission, of two and a half years.
Allan Dearie, 40, first appeared in court on the charge on November 13th 2020, and due to coronavirus delays had been in custody ever since waiting for his case to be heard.
Falkirk Sheriff Court heard that the attack on victim Gordon Braidwood, also 40, occurred on October 17th, 2020.
Prosecutor Cheryl Clark said Mr Braidwood had been "grabbed and pulled inside" a flat in Westfield Street, Falkirk, about 2.30 on a Saturday afternoon, after he left his father's nearby chip shop and set out for a nearby shop to get cigarettes.
Dearie, 40, and three other men were in the flat.
The door was closed and there was "an exchange of words" in which Mr Braidwood was accused of owing one of the men £40.
Ms Clark said Mr Braidwood denied this.
She said there was "a further exchange of words" before Dearie headbutted Mr Braidwood to the nose and punched him on the head and body.
He fell to the floor, and Dearie and one of the other men kicked him on the head and body.
Ms Clark said: "During the assault Mr Braidwood became aware that some of his teeth had been knocked out and blood was coming from his face.
"Mr Braidwood tried to get up. Throughout the attack, the accused Dearie was shouting at him."
Mr Braidwood eventually managed to get back to his feet and escape.
Ms Clark said: "As he was making his way to the door he spat blood and teeth onto the hall floor.
"He then started jogging in the direction of his father's chip chop, though he struggled due to his left leg being sore."
His father, Robert Braidwood, managed to get his son into a house near the shop, and learning about the accusation about the £40, handed the money in cash to one of the men, who had followed him to the shop. Mr Braidwood senior then phoned police.
Officers went to the scene of the attack and found Dearie in the flat, where there was "obvious bloodstaining".
Dearie was arrested and two of Mr Braidwood's teeth were found in the hallway.
Mr Braidwood was treated in hospital and found to have two missing front teeth, cuts and bruising, and prescribed painkillers.
Appearing by video link from Low Moss Prison, Dearie, of Falkirk, pleaded guilty to assault to severe injury.
Sheriff Christopher Shead imposed a 27 month jail term, and also imposed 12 month supervised release order.
He said: "This was a grave offence."
He told Dearie: "The circumstances are very unusual in this case because you've been on remand for so long."
Solicitor Virgil Crawford, defending, said Dearie had already served the equivalent of a 30 month sentence on remand.
Dearie asked, "So I'm getting out, aye?"
Sheriff Shead replied, "Yes, you will be Mr Dearie, I think."
