Man given non-harrassment order after brutal attack on woman in Kintore

Bryan Buchan, 32, was sentenced to two and a half years behind bars earlier this year

Published 16th Nov 2016

A man was placed under a 10-year non-harassment order today as he was jailed for a terrifying assault on a woman.

Bryan Buchan, 32, was warned that if he breached the order preventing him approaching or contacting his victim he could face a further prison term.

Buchan was sentenced to two and a half year's imprisonment for his attack on the woman in Kintore, in Aberdeenshire, on December 5 last year.

During the assault he repeatedly punched the victim on the head, climbed on top of her and grabbed her by the neck.

He followed her when she left a flat and pulled and pushed her and she fell to the ground before he pushed back into the house.

Buchan pulled her to the floor and repeatedly kicked her on the head and body and repeatedly cut her on the head with a piece of glass or a similar sharp implement.

During the violent outburst Buchan also shouted abuse and threatened to harm himself.

He was originally charged with attempting to murder his 29-year-old victim, but was earlier convicted of a lesser charge of assault to injury.

He was also convicted of taking and driving away a car from Northern Road, in Kintore, without the owner's consent on the same day, drink driving, driving without insurance and failing to give information to police over the driver.

A judge at the High Court in Edinburgh told Buchan that he had subjected the woman to "a frightening ordeal".

Lord Clark pointed out that Buchan had an extensive criminal record and told him: "Your continuing offending is a matter of grave concern."

He said: "In view of the seriousness of the offences and your history of offending, including violent offending, there is no alternative to a custodial disposal."

The judge also banned Buchan from driving for 16 months.

Lord Clark said that he was satisfied that he should impose the non-harassment order on Buchan for a period of 10 years which will date from his release.

Under the order Buchan is prevented from approaching, following, contacting or communicating with his victim or attempting any of those. He is also prohibited from trying to find out her address.

Lord Clark told him: "This non-harassment order is also a sentence. Breach of it is a crime and could result in a period of imprisonment being imposed on you."

Advocate depute Iain McSporran QC told the court that the Crown was seeking a non-harassment order be made against Buchan. The prosecutor said: "It is an onerous order."

Defence solicitor advocate Chris Fyffe said he was not resisting the making of such an order but challenged the length of the 10-year period sought by the Crown. He said: "It may be a lesser period might be entirely appropriate."

Mr Fyffe said that Buchan accepted that he had drank "far too much" at the time of the offence against the woman.

He said: "It seems substance misuse, in particular drink and cannabis, are at the root of his offending behaviour." He added that Buchan, a prisoner, was motivated to address the issues.

Mr Fyffe said Buchan was a man who had a difficult childhood and had witnessed violence in his formative years. He accepted that because of his record and his latest conviction a jail sentence was appropriate.