Moray Courts: Sheriff issues stark prison warning to domestic abuser from Forres

A man with a history of domestic violence has been warned to either change his ways or go to prison.

Benjamin Smith was arrested on August 9 at an address in Forres after his partner rang 999.

Elgin Sheriff Court heard that the woman had been holding a baby in her arms when Smith grabbed its bottle from her and threw it against the wall.

The bottle hit a picture which then fell to the floor and shattered.

Defence solicitor Grant Daglish conceded that his client’s record “did him no favours”.

However the lawyer asked the court to place Smith on the Caledonian Programme.

This is a formal system designed to encourage domestic abusers to recognize and take full responsibility for their behavior and its resulting harm.

Mr Daglish said: “I think it would benefit not only Mr Smith but society as a whole.”

Sheriff David Harvie agreed but also ordered Smith, of Cumming Street, Forres, to carry out 300 hours of unpaid work for the community.

Speaking to the defendant, he said: “You’re 31 years old. This behaviour started when you were 20. This must stop.

“I’m prepared to see if it [The Caledonian Programme] will put an end to this conduct. But make no mistake that if it doesn’t work …”

Sheriff Harvie then broke off and asked a direct question: “If it doesn’t work what’s going to happen?”

Smith replied: “Jail.”

Sheriff Harvie also ordered Smith to return to court two months from now and asked for social workers to compile a report in the meantime.

The sheriff added: “I want to see a good report. If it’s a bad report, what’s going to happen?”

Smith replied: “Jail.”