A MAN who attacked his ex, including kicking her in the ribs whilst she was on the ground, has avoided jail.

Jonathon Dyer, 27, repeatedly assaulted his former partner on April 3, 2022, after being out with his friends.

His behaviour was slammed by Sheriff Vincent Lunny, who revealed that he was “appalled” by the evidence heard in a previous trial.

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Dyer was charged with kicking the woman repeatedly on the body, holding her against a wall and repeatedly striking her on the head with his hand.

The sheriff heard evidence regarding the assault before Dyer pleaded guilty to further charges - assaulting a female and male cop.

He appeared for sentencing at Glasgow Sheriff Court this week.

The sheriff revealed that a neighbour had alerted the police after witnessing the attack in Kelvinbridge and that Dyer ran off and was chased.

Procurator fiscal depute Brogan Moffat said: “The police placed the accused under arrest. He began to kick out.

“He kicked two officers on their legs. He was placed in the back of a cell van and conveyed to London Road police office.

“He was cautioned and charged and stated, ‘I’m sorry for the police assault’.”

Dyer’s lawyer told the court that his client had been in an “on and off” relationship with the woman.

He added: “They had in fact separated two weeks previously, but they had been making attempts to resolve the issues within the relationship.

“On this night, his recollection is rather limited. He can remember being out with a group of friends.

“He can thereafter remember being in a taxi. His next memory is being arrested by police. Clearly what happened is entirely unacceptable.”

Sheriff Lunny replied: “It was a totally unprovoked attack on his partner or former partner. She ended up on the ground and he booted her in the ribs a number of times.

“When she got back up, he struck her on the face several times. He has to accept the custody threshold has been met.”

The defence solicitor said, “he accepts that,” before the sheriff added: “During the course of the trial I was quite shocked by evidence.

“My initial view was that he was lucky it was a summary trial. As of yesterday, I was fairly certain I was imposing a custodial sentence. I think I can just step back from it.”

Dyer was described as being “remorseful”.

His solicitor said: “He had been working up until December 2021. At that time, he was let go from his employment. His life effectively fell apart and he was drinking far too much.

“He does seem to be moving out of that period he was in. He is back in employment. He would comply with any alternative to custody.”

Sheriff Lunny said: “The only reason he’s not going to prison is the presumption against short sentences and the fact he’s not been in custody before. He’s effectively a first offender.

“If any of those factors were different, I would have no hesitation in sending him to jail. I do have to mark this as a very serious matter.”

Dyer, of Clydebank, was ordered to pay £500 compensation to his former partner, stay within his home between 7pm-6am for seven months, and carry out 240 hours of unpaid work, all as a direct alternative to custody.

Sheriff Lunny told him: “I was appalled by the evidence heard in this case, especially from the neighbour across the street.

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“You kicked the complainer repeatedly on the ribs. You’re extremely lucky this is a summary matter. It’s probably through luck other than anything else that the woman’s injuries were not serious.

“I was going to sentence you to jail but I’m persuaded not to do that. You can count yourself lucky you’re going home tonight.

“If you breach any of this order you will be sent to jail. This was an unprovoked attack on a woman on the ground. Utterly, utterly unacceptable. This behaviour cannot be repeated.”

A non-harassment order was imposed for three years, preventing Dyer from contacting the woman.