WEMYSS BAY MAN RECEIVES COMMUNITY SENTENCE FOR CARAVAN ASSAULT
A SERIAL domestic offender forced a duvet over his then-partner's mouth in a shocking attack at a caravan park.A child who witnessed Scott McMillan's drunken behaviour was so upset by what they saw that they immediately began to shout for help.
McMillan lunged at his victim after she dialled 999 in a bid to call police.
McMillan was staying at Kelly Meadows in Wemyss Bay Holiday Park when he assaulted the woman on October 6 last year.
The 42-year-old pleaded guilty to a charge of assault at Greenock Sheriff Court in December, before returning for his sentencing on Wednesday.
Fiscal depute Maria Murdoch told the court that McMillan became aggressive towards the woman after returning to the caravan intoxicated, and grabbed a piece of wood from the living room area.
His actions were witnessed by a child, who became distressed and started to shout for help.
The child then passed a telephone to McMillan’s ex-partner to call police.
After she dialled 999, McMillan took hold of the phone and pushed her backwards on a bed.
Ms Murdoch added: “He put a duvet cover over her head which covered her mouth.
“She said this went on for what felt like a couple of seconds.
“The complainer became very panicked by this, and was kicking her legs in an effort to get free.
“She managed to get to her feet, at which point the accused slapped her twice to her right cheek.” Police officers arrived at the caravan a short time later and arrested McMillan.
Defending McMillan, solicitor Nigel Scullion said: “The incident is one that he does not remember, but does not attempt to minimise in any shape or form.” Mr Scullion noted that his client had suffered from alcohol-related problems in the past and told the court he felt “guilt and shame” for his actions.
He added: “There is no excuse.
He accepts full responsibility for his actions.
This is a very fine line between a custodial sentence and an enhanced community payback order.” Sheriff Anthony McGeehan told the court that McMillan's behaviour had surpassed the custody threshold, and noted that it was also his third conviction for a domestically-aggravated offence.
But he said a community-based punishment would help address McMillan's problems better than a jail term.
He described the incident as a “terrible situation for any child to witness”.
Sheriff McGeehan said: “Your intense feelings of guilt and shame are well placed.
“A custodial sentence would not address the causes of your behaviour.
There’s an opportunity, as identified by the social work report, for a disposal that potentially harnesses the guilt and shame you feel but also provides an element of punishment.
This is your last chance.” McMillan, of Shotts, was ordered to complete 180 hours of unpaid work within 12 months.
He will remain under the supervision of social workers during this period.
Sheriff McGeehan told him he would also be placed under a curfew for 16 weeks, during which time he will wear an electronic tag.
