A thug who choked his partner and threatened her with a knife has had part of his sentence quashed following an appeal.
Josh McLean was handed a four-year custodial sentence with an extension period of two years on licence in March after being convicted of six charges by a jury.
However, he will no longer be supervised upon his release from prison following an appeal heard at the High Court in Edinburgh.
Appeal judges Lord Drummond Young and Lord Pentland ruled that Sheriff Alastair Carmichael’s reasons for dishing out the extension on licence “fell into error”.
McLean, of Nithsdale Avenue, had chased his former girlfriend around her own home, threatening her with a knife, pinning her to a bed and choking her.
Jurors had also found him guilty of twice breaching bail conditions forbidding him from approaching or contacting his ex.
Sentencing him in March, Sheriff Carmichael had taken the view that McLean’s breaches of his bail orders implied intentions to commit violence.
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He said at the time the breaches were “patently done with a view to confronting the complainer with aggressive, threatening or violent behaviour with a view to intimidating her”.
However, representatives for McLean told appeal judges that Sheriff Carmichael had “erred” in his view on the breaches of bail.
The judges partially disagreed – taking the view that McLean had “clearly inferred personal violence” against his ex – but concluded that breaching bail did not, in itself, count as a violent act.
In their judgment on the matter Lord Drummond Young and Lord Pentland said: “It was his conduct in approaching and contacting her that constituted the offence in each case . . . not what he did once he had approached and contacted her.”
McLean’s extension was quashed by the judges, meaning he will no longer be on licence upon release.
However, he will serve the four- year custodial sentence as first handed out by Sheriff Carmichael in March.
The judges concluded: “We find ourselves in complete agreement with the sheriff that these offences were serious.”