A Dundee man who booted a boy with a pre-existing bone condition – breaking the boy’s leg – was today spared jail.
Mark Taylor’s victim didn’t see a doctor for 10 days after the attack despite being in pain and walking with a limp after being told not to do so by his mum, Dundee Sheriff Court heard.
The boy’s dad at one point noticed he was in pain but the youngster didn’t reveal the cause and put it down to his condition.
When he did eventually see a doctor no mention was made of the attack and no fracture was initially diagnosed.
But two days later the lad was left in such pain he could only crawl and was taken back to hospital.
There an x-ray confirmed an undisplaced fracture of the boy’s fibula and treatment was administered.
Fiscal depute Nicola Gillespie told Dundee Sheriff Court that the attack remained a secret for more than two years until the boy was interviewed by police and social workers regarding other matters.
The boy told officers: “There is something you probably should know but my mum’s told me to tell no one.”
The boy then told them that Taylor had caused the injury.
Taylor later claimed a “tap” on the leg had caused the injury.
Taylor, 43, of Abernethy Road, Broughty Ferry, pleaded guilty on indictment to a charge of assault to severe injury, committed between April 26 and May 4 2015.
Defence solicitor Brian Bell said the child’s condition “aggravates the matter”.
He added: “It is clear the accused shouldn’t have been kicking a child in the first place,
“It was a gross act of stupidity that has a significant impact on the child.”
Sheriff Lorna Drummond QC imposed a community payback order with 250 hours unpaid work.
She said: “In all the circumstances I have no doubt that this is a serious enough offence that would warrant custody, but my view is there is an alternative to that today.”