Slapstick turns to violent kick as comedy routine goes wrong in Falkirk hostel

John Paterson, 59, had supposedly been the butt of a number of jokes from the man he attacked while staying in a homeless hostel and on this occasion he failed to see the funny side and lashed out – leaving his victim with a cut to his eyebrow.

He then found himself in custody and banned from returning to the hostel.

Paterson appeared from custody via video link at Falkirk Sheriff Court last Thursday, having pleaded guilty to assaulting the man – kicking him on the head to his injury – at Castings Hostel, Castings Avenue, Falkirk on February 28.

Procurator fiscal depute Ann Orr said: “The accused was in the common room at the hostel with two other people. One of the people was pretending to walk up an escalator. The accused attempted to repeat this, but because he was drunk he tripped on a chair and fell over.

"The others laughed at this and the accused kicked a man who was sitting on a sofa to the left side of his head, causing a cut to his eyebrow. The accused then left the room.”

Lynn Swan, defence solicitor, said: “He accepts the serious nature of the charge. He has been in this homeless accommodation for a period of time and the complainer has decided to make fun of him on a number of occasions in relation to his age and the fact he was in this homeless accommodation at this stage in his life.

"There was this comedy act going on and he decided to copy it. He has an alcohol difficulty since he lost his son to suicide. The anniversary of his son’s death is at the turn of the year and he started drinking heavily again.

“He will not be able to return to the Castings Hostel due to his actions.”

Sheriff Alison Michie noted Paterson, of no fixed abode, had numerous breaches of community orders in the past and had a lengthy record for violence. She sentenced him to 24 weeks in prison back dated to March 1.