A violent thug who repeatedly stamped on a club-goer’s head in a drink and drug fuelled attack has avoided custody.
The vicious assault to the danger of Ben Mackay’s life at Envy Nightclub in Bathgate, West Lothian, on 30 October 2021 was the culmination of a series of violent outbursts by 20-year-old Declan Smith, Livingston Sheriff Court heard.
Smith, from Armadale, West Lothian, also admitted causing an earlier disturbance by shouting, swearing and uttering violent threats in the town on 13 July 2019 before assaulting Brian Smith by striking him on the hand with a knife to his injury.
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His denial that he was armed with a knife and a machete at the time of the assault was accepted by the prosecution.
The yob also pleaded guilty to attacking Calum Binnie by repeatedly striking him on the head with a metal implement to his severe injury and permanent disfigurement on a train between Livingston and Armadale on 28 September 2019.
Again, his denial that he was wearing a metal knuckleduster during the attack was accepted by the Crown.
In the nightclub incident which resulted in him being remanded at Polmont Young Offenders Institution, Smith admitted acting aggressively and engaging in a stand-up fight before attacking Mr Mackay.
He repeatedly punched his victim on the head causing him to fall to the ground before stamping multiple times on his head causing him to become unconscious, all to his injury and danger of life.
He was on bail at the time of the first and third incidents and had breached a previous community payback order imposed as punishment for other offending, the court was told.
Passing sentence, Sheriff Jane Farquharson said Smith had “a pretty awful record of offending” and was facing the consequences of appearing on three separate indictments.
She told him: “The indictments show a very concerning pattern of escalation in the seriousness of your offending.
“It’s perhaps more by good fortune rather than by design that you appear on a sheriff and jury indictment rather than before the High Court.”
The sheriff said she was aware of a family history of mental health issues and recognised that Smith had been trying to manage similar issues in his own life.
She said: “What’s clear from your record and from these very serious offences is that you struggle to deal with your mental health and emotional regulation. Unless and until that’s successfully addressed you remain at high risk of reoffending.
“I accept that these offences are impulsive and reckless but they are still of a serious nature.
"I know your offending is linked to excessive consumption of drink and drugs but when you are sober and drug free you have significant insight and can recognise these problems in your life.”
She highlighted praise from social workers who reported that Smith had a good work ethic and described him as “a young man with significant potential”.
She added: “There are a number of people behind you who have your back if you’re prepared to work with them to keep out of trouble although you remain at high risk of reoffending."
Given that Smith had already spent a “meaningful and significant period of time” – the equivalent of a 14.5-month sentence – in custody while on remand she said she was willing to impose a community sentence.
She also praised his willingness to move away from West Lothian and the bad influence of his peer group in a bid to modify his behaviour.
She said Smith would spend his first three months of liberty wearing an electronic tag under a 6pm to 6.30am home curfew.
After that he would remain under close social work supervision for two and a half years with a conduct requirement that he undertake drug and alcohol counselling.
She said his progress would be subject to a series of reviews, with the first taking place in five months on 10 November.
She told him: “I hope that the threat of me sitting on your shoulder and you knowing you’re going to have to come back here with an updated report might maintain your focus.”
