A MAN who assaulted an off-duty firefighter at a kebab shop has avoided being locked up.
Daniel Hay, 19, appeared at Aberdeen Sheriff Court for sentencing after previously admitting a charge of assault to severe injury.
Hay repeatedly punched Gary Michie on the face and head at the Doric Kebab Shop, Duke Street, Huntly on October 5 last year.
As well as ordering Hay to carry out unpaid work, Sheriff Graham Buchanan told him he would have to pay £1,000 compensation to Mr Michie.
The court had heard that on the night of the offence Mr Michie had gone to the kebab shop after a night out.
Fiscal Depute Anne MacDonald said at some point a scuffle between other people developed.
Mr Michie went to assist a woman attempting to restrain someone before rejoining the queue and it was at this point Hay “charged” towards him and repeatedly punched him.
Footage of the incident had previously been viewed in court.
Hay was described as “pinning” Mr Michie against a windowsill during the attack.
The off-duty firefighter suffered a fractured cheekbone, bleeding nose and black eye as a result of the assault.
Defence agent Lynn Bentley said Hay felt remorse over his actions and had visited Mr Michie afterwards to “proffer an apology”.
She said: “He is a young man who made a very big mistake.”
Sheriff Graham Buchanan said: “There’s no doubt this was a serious offence. You acted in a highly aggressive fashion – albeit for a short time.
“It appears that over-indulging in alcohol led to your loss of self-control. That’s something you are going to have to get a grip of.”
Hay, whose address was given in court as 9 King Street, Huntly, was handed a community payback order as an alternative to custody, with a requirement that he carry out 225 hours of unpaid work within 12 months.
He will also be under supervision for 12 months.