Oban men jailed for total of 43 months for assault

Two Oban men have been jailed for a total of 43 months for their part in an assault involving the use of the blunt side of a knife.

David Ogilvie, 33, who was previously remanded in Low Moss Prison, was sentenced to 28 months, and Michael MacPhee, 33, of 4 Burnside Court, Oban, to 15 months.

During the second day of a jury trial, both men pleaded guilty to shouting, swearing and uttering threats of violence, as well as repeatedly punching, kicking and holding a knife to another person’s neck.

The victim sustained fractured ribs and swelling and bruising to his face.

The Oban men were sentenced on Tuesday August 28 at Oban Sheriff Court, where the court heard that on February 18 this year, the victim was in a flat with Ogilvie and MacPhee.

Procurator fiscal Eoin McGinty said a couple of days after, the victim attended Oban police station and gave a statement. Mr McGinty continued: ‘Having falling asleep, [the vic- tim] woke up in the morning and Ogilvie was ‘flipping out’.’

In his statement, [the victim] said: ‘He started leathering me, punching me to my head and face, and started kicking me to my ribs and head when I was lying on the living room floor. He then had a knife. I thought he slit my throat, but he used the blunt side.’

In another statement, the victim revealed MacPhee had arrived and was being really aggressive towards him by shouting and swearing. ‘I don’t know if [MacPhee] hit me. I collapsed and lost consciousness.’

Mr McGinty informed the courtroom police subsequently searched the flat where the incident occurred and seized a knife and mobile phones.

Mr McGinty said: ‘Ogilvie’s DNA was found on the handle and traces of [the victim’s] was found on the spine or back of the knife.’

On one of the phones, which belonged to a witness, police found photographs that had been sent from the witness’s phone that showed the victim with injuries to his face. Messages sent after photographs were also found read: ‘[Ogilvie] gave him a few slaps, [MacPhee] did the rest’ and ‘wanting to go to hospital because he thinks his ribs are broken ha ha’.

In Ogilvie’s defence, solicitor Michael Poggi said his client was going through a difficult period. Mr Poggi said: ‘His life spiralled out of control.’ However, ‘during his period on remand, he is not abusing any substances and it quite literally is saving his life’. In MacPhee’s defence, Edward Thornton said the 33-year-old had struggled with a serious drug problem for ‘many, many years’.

Sentencing Ogilvie to 28 months, Sheriff Patrick Hughes said: ‘These are serious offences. The use of a knife, even the blunt side, is appalling.’ The 33-year-old’s sentence will be backdated to February 26.

Jailing MacPhee for 15 months, Sheriff Hughes added: ‘While I accept your conduct was not as serious, you chose to associate yourself with this assault.’