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Daily Record
Daily Record
National
Lennox Herald

Dumbarton man spat at mum and friend during disturbance

A Dumbarton man spat at his mum and his friend after being refused entry to her home during a Hogmanay disturbance.

James Marshall appeared at Dumbarton Sheriff Court after admitting the “hideous” offence which happened on New Year’s Eve last year.

The 39-year-old from Cumbrae Crescent South in Castlehill fled the scene afterwards but was traced nearby.

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He has since apologised to his mum and her friend from prison having been remanded in custody but was locked up for four months by Sheriff William Gallacher last week after he labelled the incident “entirely despicable”.

The fiscal depute told the court how Marshall attended at his mum’s home around 9.15pm on December 1 while “heavily under the influence of alcohol”.

She said:“He asked to go into the property. His mum refused him entry.

“At this point, a friend and neighbour of Marshall’s mum attended.

“Words took place between all parties.

“All of a sudden, he turned back and attempted to spit however the saliva didn’t make contact and landed on the floor.

“At that point, the woman took out her mobile phone and contacted police.

“Marshall thereafter proceeded to spit in her face.

“He headed off towards Dumbarton High Street.”

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Police were contacted and turned up at Marshall’s home address but he was traced at around 10.50pm on Strathclyde Court.

Marshall admitted his part in the incident, pleading guilty to spitting at his mum as well as spitting at another woman and striking her on the face. This happened at the entrance to Leven Court in Dumbarton.

Speaking to Marshall’s defence lawyer, Scott Adair, Sheriff William Gallacher said: “This was an entirely despicable offence.

“He’s the one who has to fix it and he knows that.

“Between December 6 and the offence he could have done something which might have prevented this and he didn’t.

“He has a very unpleasant record and this was a very unpleasant offence.”

The lawyer responded by saying: “There’s remorse and disgust at himself for how he has behaved. He loves his mother.”

He told how he his client has apologised to both his mum and the other woman involved while spending time on remand.

The solicitor went on: “His mother appears to have accepted that.

“She has been in touch with him while he’s been on remand.”

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Addressing Marshsall, the sheriff said: “This was a hideous thing to do to any individual. It’s entirely shameful.

“I am not prepared to stand back again and allow it to happen.

“I think a custodial sentence is inevitable.”

He was jailed for four months.

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