An islander who strangled a woman twice “as a result of a loss of temper” before “boasting” about it to his friends has been jailed for 12 months.
Dylan Scotland (21) committed two grave and criminal assaults against a female complainant.
The attacks involved the defendant pushing the victim across the room before putting his hands around her neck on two separate occasions.
In police interview, the defendant admitted to both putting his hands around her neck and telling friends that he had punched her in the face.
Wearing a blue suit, Scotland appeared in the Old Library at the Royal Court yesterday to be sentenced.
Crown Advocate Carla Carvalho, prosecuting, told the court that – on the victim’s account – the offending began when the defendant pushed her “using both hands on her shoulders”.
“The victim lost her balance, falling and hitting the back of her head on the wall”, she added, referring to the complainant’s evidence.
It was heard that Scotland then said in her ear: “This is worth going to prison over.”
Advocate Carvalho proceeded to quote directly from the victim’s evidence, which stated: “I had gone to walk away, around him, and he grabbed me by the neck with both hands and started strangling me.
“It felt like he had both hands around my throat for about five seconds, I remember pushing at his chest with both my hands.
“I did not try to scream or say something – I felt as though I could not really breathe, I was really frightened.”
The court heard that “another verbal altercation ensued” before Scotland “spat in [the victim’s] face” before “slapping [her] left leg with his right hand”.
“The victim states that he [then] had his hands around her throat for about ten seconds”, Advocate Carvalho said.
She stated that Scotland was reported to the police later that day when the complainant’s GP alerted the authorities after noticing her injuries.
According to the prosecution, the defendant was heard by the complainant “boasting” to his friends the following evening “about how he had battered and strangled the victim the day before, before laughing and smiling about it”.
“This prompted the victim to contact the police and formalise her statement of complaint,” Advocate Carvalho added.
Scotland was interviewed under caution on 30 May, during which he “admitted grabbing the victim’s neck” but “denied that he strangled her”. He further admitted that he had “told his friends he had been punching the victim in the face” but said he “made it [sound] way worse than it was”.
“When asked why he would make his actions sound worse, he stated that he was an idiot and he was not sure why he had made this comment”, Advocate Carvalho said.
A medical examination of the victim found bruising to both sides of her neck, swelling on the right side of the victim’s forehead and a lump in her that “likely due to internal swelling of the neck”.
Concluding her summary, the prosecutor said Scotland had “deliberately grabbed the victim’s neck on two occasions”, with “both assaults occurring as a result of a loss of temper in quick succession”. She added that the attack had left the victim “fearful” and “scared” to leave her home.
“Since the defendant’s arrest the victim has removed herself from the jurisdiction and said in her victim personal statement that she is considering moving away from the island permanently,” Advocate Carvalho continued.
“She described spending several weeks feeling guilty, angry, shocked, confused, detached and hurt by the defendant’s actions.”
Advocate Allana Binnie, defending, said that her client’s basis of plea – on which he appeared to be sentenced – did not accord with the complainant’s account.
She told the court that Scotland did not accept that he had caused the victim to hit her head after pushing her, did not spit in her face and did not “boast” to his friends about assaulting her.
Advocate Binnie described the assaults as a “spontaneous reaction to excessively out of control anger”, and said her client did not consciously decide to strangle the victim in order to exert control.
She asked for the court to deal with the offending by way of an “individualised 18-month court order” recommended by the Probation Service.
“He is still an impressionable young man, but is genuinely willing and eager to embark on the work that is recommended straight away,” Advocate Binnie said.
“He now recognises that his biological father condoned violence and frowned upon men seeking mental health support.
“My client very bravely and candidly now acknowledges that he previously admired these attitudes – in contrast, now he identifies his stepfather as being a positive role model to him.”
Commissioner Sir Michael Birt, presiding, retired for over 45 minutes before delivering the court’s sentence.
“I have to say that the court has found this matter to be very finely balanced”, he said, referring to Advocate Binnie’s mitigation.
He noted that one Jurat was persuaded by the idea of a community service order, while the other felt that it “important to send out a clear message” that offences of non-fatal strangulation will “attract a custodial sentence”.
“It falls to me to exercise a casting vote,” he reflected. “And I have to say I am persuaded by the second Jurat – I agree that a custodial sentence is required for this sort of conduct.”
He handed Scotland a sentence of 12 months imprisonment, and made him subject to a protection order preventing contact with the victim.
The defendant was also ordered to partake in a six-week ‘building healthy relationships’ course and a subsequent 12-month rehabilitation programme.
Jurats Robert Christensen MBE and Michael Berry were sitting.
