After pleading guilty to assaulting his partners brother and causing damage to vehicles, Mr Alan James was sentenced to 40 months.
The court heard that Mr James repeatedly punched his partners brother in the head before driving his car at excessive speed along a Glasgow Street. Mr James collided with another vehicle before continuing onwards, driving on the wrong side of the road. A police car, attempting to cease the conduct of the accused, had to take proactive steps to avoid collision.
Mr James, after being stopped by other vehicles, escaped on foot. He was later arrested.
Upon his arrest, Mr James bit a police officers and delivered verbal abuse including racial and homophobic statements. It was clear the accused was intoxicated at the time of arrest.
Counsel for the accused submitted that the 40 month sentence was excessive. This was because he had already been remanded for seven months while awaiting sentencing, was behaviour conducted across one evening, and he had not been in custody for 13 years.
His conduct on the evening concerned was described as ‘self centred and disgraceful’ by the sheriff.
Nevertheless it was decided that the penalty was excessive.
This decision as reached because the sheriff engaged with evidence submitted that showed Mr James working with AA in prison and was aware of his issues. The appeal sheriff describes this evidence as ‘genuine and demonstrable.’
The sentence was reduced to 32 months.