Brothers Jailed For Brutal Attack On Stranger In Aberfeldy
A pair of brothers who carried out a brutal attack on a stranger because they didn't like his "banter" have been jailed.
Ian, 35, and Michael McDougall, 27, set upon Russell Ferguson, 33, while he was on a works night out with a group of firefighters.
Mr Ferguson was left with a broken nose and fractured cheekbone when the brothers assaulted him after taking exception to something he said.
Fiscal depute Stuart Richardson told Perth Sheriff Court: "The complainer is not from Aberfeldy and at the time he was unknown to the accused.
"He travelled to Aberfeldy with a friend to attend a works night out. He remained in a public house until closing time around 12.30 am. He came out and that led him into The Square.
"Other than an excess of alcohol, I am at a loss to explain why what happened next did happen. It simply began as good natured ribbing between the complainer and a group of people including the accused, but that very quickly turned to violence.
"The complainer was repeatedly punched to the head and body, which knocked him over, and then he was kicked on the body. Other people nearby eventually managed to intervene and bring the attack to an end."
Mr Ferguson was taken to the local cottage hospital by taxi but his facial swelling was so severe he was transferred to Perth Royal Infirmary. He sustained broken bones and severe swelling to his face.
Ian and Michael both from Aberfeldy, admitted assaulting Mr Ferguson to his severe injury in The Square in the Perthshire town on 23 March last year.
Solicitor Paul Ralph, defending Ian, said: "This has arisen out of a misunderstanding which has then escalated. Other people were on the scene too."
Solicitor John McLaughlin, for Michael, said: "Drink was taken and it seems to have commenced through some sort of banter between two groups of people.
"It then seems to have turned into an incident where something was said and was reacted to and my client should not have reacted to it in that way."
Sheriff Fiona Tait noted that the brothers already had seven previous convictions for assault between them and she jailed Ian for 12 months and Michael for 13 months.
She said: "Having regard to the nature of the offence and the injury which has been sustained, the only appropriate sentence is a custodial one."