Oban couple found guilty of assault to severe injury

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A couple have been found guilty of assaulting a woman to her severe injury, which resulted in a cracked rib and punctured lung.

Dylan Restrick, 22, from 2e Catalina Avenue, Oban, and his partner, who cannot be named due to her age, were found guilty by a jury on Wednesday November 20 after a three-day trial.

They were found to have assaulted the woman by kicking her on the body, punching her on the head, as well as repeatedly stamping on her head.

Restrick and his partner maintained their innocence throughout the trial and their solicitors argued that they were acting in self defence.

The assault took place on December 29, 2018, in Catalina Avenue, outside the victim’s home.

They were also charged with behaving in a threatening or abusive manner and spitting at the woman, but the case against them was found not proven by the jury.

Procurator fiscal David Glancy told the jury: ‘Dylan said [to the police] he punched her in self defence. He indicated that if he was involved it was in defence of [his partner] and [she] said if she was involved it was defending herself against an attack.’

However, Mr Glancy said: ‘Think back to how this started. It started with messages over the course of two days prior. Think about where and when this happened that night – trouble came to her door late at night when she was dressed for a night in.

‘She was drawn from her house by being aware that both the accused were outside or close by.

‘The encounter turned violent when Dylan kicked her on the side, she attributes that to her cracked rib and punctured lung.’

Mr Glancy went on to say that Restrick’s girlfriend then attacked her, before the two females ended up on the ground with the victim on top.

However, in Restrick’s defence, his solicitor argued that it was the victim who struck him, before getting the better of his partner.

‘Dylan has a right to extend self defence to act in his partner’s interest,’ his solicitor added.

In the 17-year-old girl’s defence, Edward Thornton said it was the complainer who was the aggressor, stating she put her shoes on and went outside towards the couple.

He added: ‘She accepted if she had not done any of this, the incident would not have taken place.’

Mr Thornton said his client’s position was that the complainer pushed Restrick and his partner intervened, before the two ensued in a scuffle, which resulted in his client on the ground being bit.

The jury found the couple guilty by a majority decision and Sheriff Patrick Hughes deferred sentencing until December 18 in order for the court to obtain reports.

He said: ‘This is very grave offence and one where the court will consider a custodial sentence.’