A landscaper who jumped over a woman's fence and battered her as she sat in her garden was jailed for 16 months today.
John Hellevik, 34, reacted after the woman's partner "waved a spade" as he passed their Bo'ness, West Lothian, home, Falkirk Sheriff Court was told.
The incident occurred in Newton, Bo'ness on Friday July 23rd this year (2021).
The court heard that about 8.30 pm, the woman, Robina Nelson, 51, and her partner, Stuart Whitson, also 51, had gone outside.
While they were in their garden, Hellevik, who had known Miss Nelson for about 20 years, "attended unexpectedly" and -"due to previous issues" she'd had with him - she asked him to leave.
Hellevik "became confrontational at this".
He did leave - "after some persuasion" - but shouted, "You're nothing but a fat speccy c**, b****" as he walked away.
Prosecutor Katie Cunningham said: "As the witnesses continued to sit in their garden, the accused all of a sudden returned, jumped over their front garden fence, and grabbed Miss Nelson's glasses off her face.
"He then struck her to the face with his hand."
Miss Nelson tried to defend herself, and they both fell onto the lawn, with Hellevik continuing to strike her in the face.
Mr Whitson intervened, and Hellevik was removed from the garden and police were called.
Miss Nelson suffered scrapes on her elbows and knees, and her face was left "sore".
Officers arrived and found Hellevik in the street. He was arrested and handcuffed, but became aggressive and violent, biting one officer on the leg and spitting at another.
He was placed in leg restraints and a spit hood and driven in the cage of a police van to Falkirk Police Station, where shouting and uttering threats of violence.
He told cops, "Give me 30 seconds and I'll murder you. I'm going to break into your house and kill you."
Hellevik, of Denny, Stirlingshire, pleaded guilty to assault, police assault, and statutory breach of the peace.
Solicitor Murray Aitken, defending, said Hellevik had been "verbally abused by Miss Nelson, and her partner had a spade, and was waving that about".
Mr Aitken said: "He is of the view that they set him up by antagonising him, and he fell for it.
"He thereafter interacted unfavourably with the police."
Imposing the jail term, Sheriff Derek Hamilton told Hellevik: "Your behaviour was completely unacceptable."
