A  STREET drinker who repeatedly tried to smash a can of beer off his pal's head whilst 'heavily intoxicated' is not fit for an unpaid work punishment order, Greenock Sheriff Court has been told.

Brian Stewart, 36, attacked his drinking partner during an 'unacceptable' spat as the pair boozed together on the town's Mount Pleasant Street.

The court heard that Stewart was so drunk that he missed his target up to four times as he aimed a series of inaccurate swings at the other man.

His intended victim was later found laying face down on the street by police as a result of his own state of intoxication.

Prosecutor Alister Miller told the court that Stewart and the other man were drinking in the street at around 7.50pm on September 11 last year.


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Fiscal depute Mr Miller said: "[Stewart] stood up and took the other man's can and attempted to strike him three or four times with it but did not make contact.

"The pair were separated but came back together just before 8pm when the witness was talking to another male.

"The accused approached the complainer and tried to get past the other male and at that time he kicked the witness and attempted to punch him, then the witness left the locus."

Stewart's drinking partner was found lying face down on the pavement by police around 15 minutes later, however, the fiscal depute said his condition was unrelated to the assault.

He was taken by police to Inverclyde Royal Hospital, while Stewart was traced and charged nine days later.


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Lawyer Aidan Gallagher, defending, said a large group of men had congregated in the area at the time and all of them were drinking and were heavily intoxicated.

Mr Gallagher added said: "They were staggering about.

"His recollection of events is poor because of the state of intoxication they were all in.

"The witness was found lying on the ground because of his intoxication.

"The accused is recovering from addiction issues he has had not just in relation to alcohol but also substances. He has the support of his family.

"He does not want to go back to the lifestyle he had in and around that time."

Sheriff James Varney said: "Any sort of altercation like that is unacceptable, particularly when it is done in a public place."

The sheriff sentenced Stewart, now living in Lanarkshire, to a restriction of liberty order requiring him to stay within his home address between 7pm and 7am each night for 10 weeks.