The Oban Times

Woman stabbed ex in self-defence

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A woman has received a community payback order for stabbing her former partner in Oban.

Karin Irvine, of 114 The Gardens, Southwick, Brighton, admitted striking him on the body with a knife to his severe injury, however, the plea was accepted under provocatio­n. On Wednesday March 27 she was sentenced to a two-year social work supervisio­n order.

Procurator fiscal Eoin McGinty told the court: ‘Had this matter gone to trial, it was anticipate­d that the evidence would show that the complainer was predominan­tly the aggressor.

‘It would have been the Crown’s case that the accused was subject to what appears to be an ongoing assault and that she was legitimate­ly defending herself.’

However, Mr McGinty added: ‘In doing so, she went over and above what was lawful.’

Irvine’s solicitor, Ruben Murdanaigu­m, said: ‘She deeply regrets what has happened, but she did not plan for anything like this to happen.

‘This was an isolated incident and very much out of character.’

Mr Murdanaigu­m said at the time of the incident, on

April 27 2018, Irvine, 45, had moved out of the family home, but was bringing a takeaway to her son and ex-partner. Mr Murdanaigu­m said: ‘The moment she arrived he started shouting at her. She went to sit down and at this point he came at her shouting and bawling. He grabbed her by her right shoulder and bit her on the shoulder. ‘She pushed him off her and he was punching her everywhere. He fell back and she ran to the kitchen in order to get out the back door, but at that point he caught up on her and started to bite her on the middle finger and was also punching her.’

Irvine’s solicitor said things got worse after this and he placed his thumbs into her eyes.

It was at this point, Mr Murdanaigu­m said, that she picked up the knife and hit him. He let go and she realised his injury and dialled 999.

The court heard previously that the man was left with a flesh wound of approximat­ely three centimetre­s in length in the upper left side of his chest.

Sheriff Patrick Hughes said that while people are entitled to use a degree of violence in self-defence, the threshold for self-defence had not been met in this case.

However, given that the Crown agreed that there was a significan­t amount of provocatio­n and that the violence was instigated by the complainer, Sheriff Hughes was satisfied that there was no need for a custodial sentence.

‘She ran to the kitchen in order to get out the back door but at that point he caught up on her and started to bite her on the middle finger and was also punching her.’

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