A GREENOCK man has been removed from the Sex Offenders Register after a sheriff deemed there to be 'no significant sexual element' to the charge against him.
Kevin McShane had previously been made subject to notification requirements after he pleaded guilty to a charge of threatening and abusive behaviour at Inverclyde Royal Hospital on August 14, 2022.
The charge noted that McShane made 'sexual remarks' and 'sexually suggestive gestures' towards a female police officer.
The 41-year-old was discovered by police at around 1:30am, having crashed his Audi Q3 on Inverkip Road.
Officers could smell alcohol coming from McShane and obtained further details, with checks showing he only had a provisional licence.
He was arrested and taken to Inverclyde Royal Hospital’s accident and emergency department to be assessed as a precaution.
He admitted acting in a threatening and abusive manner at the hospital, as well as a charge of failing to provide a specimen of breath required to ascertain his ability to drive when he was later taken to Greenock police office.
Fiscal depute Pamela Brady told the court: "Whilst at Inverclyde Royal his behaviour became extremely unacceptable.
“He was shouting, swearing and behaving aggressively causing upset and alarm to other patients in the hospital."
McShane, of Luss Place, returned to Greenock Sheriff Court this week for sentencing.
Sheriff Sheena Fraser said: “Following submissions made to me about the narrative, I’ve concluded there was no significant sexual element to the charge.”
Sheriff Fraser did, however, note that the comments made were ‘unpleasant’ and ‘criminal’.
McShane was fined £45 for driving without a full licence, as well as being ordered to pay £185 for his actions at the hospital.
Sheriff Fraser added: “Even without the significant sexual element, this is a serious matter given the place that it was.”
He was fined a further £360 and disqualified from holding or obtaining a driving licence for a period of two years for his failure to provide a breath specimen.
McShane was informed that the sexual offences notification requirements would no longer apply.
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