Teenager avoids jail after Sauchiehall Street fight which leaves law student with brain injury
Rhys Kane , 19, who knocked Michael McElhinney out near to Firewater on Sauchiehall Street last May, was ordered to perform 300 hours unpaid work
Last updated 13th Feb 2020
A teenager who left a law student with a brain injury after a single punch outside a Glasgow nightclub has escaped being jailed.
Rhys Kane , 19, who knocked Michael McElhinney out near to Firewater on Sauchiehall Street last May, was ordered to perform 300 hours unpaid work.
Mr McElhinney, 19, a Glasgow University law student suffered a fractured skull, bleeding on the brain and was in intensive care for six weeks.
Kane who admitted assaulting Mr McElhinney to his severe injury, permanent disfigurement and danger of life will also be monitored in the community for a year.
Glasgow Sheriff Court heard that Kane struck after seeing one of his friends kicked by Mr McElhinney seconds earlier.
Sheriff Alan MacKenzie told Kane:: “You were a prefect at your school and were heavily involved in a group supporting pupils exposed to bullying.
“ Since the death of your mother from cancer shortly before your 14th birthday, you have been involved in the work of a cancer research charity.
"You were set to embark upon a career in mechanical engineering in the Royal Navy. Your present circumstances have clearly put that in jeopardy.”
Sheriff MacKenzie added that he was not imposing a custodial sentence because of 'the "exceptional" circumstances.
The court heard that both young men had been out with friends at Firewater and a row later erupted between the groups at a nearby takeaway.
Prosecutor Lauren Staunton said: “Mr McElhinney or Mr Kane didn’t start the fight or throw the first blow, but both then became "actively involved" in the incident."
The court was shown CCTV footage in which Mr McElhinney kicked one of Kane's friends who was lying on the ground on the head.
Miss Staunton added: “When he took a step back, Mr Kane punched him once on the head.”
The victim, who was a first year student, struck his head on the pavement as he fell and lay unconscious on the ground.
He appears to have made a good recovery, but could be affected by the injuries in later life.
Kane, from Hamilton, Lanarkshire, was arrested at his home and stated to police: "Is the guy okay?”
Defence counsel Niall McCluskey said Kane had acted "under provocation" that night.