WHEN a group of people gathered on a landing near his home, a Dunfermline man decided to break it up using a cricket bat.
The incident ended with a woman sustaining a fractured elbow after being assaulted by Stefano Muscara.
Muscara, 44, of Ross Lane, appeared for sentencing at Dunfermline Sheriff Court.
He admitted previously that on June 6, he assaulted a female by striking her repeatedly with a cricket bat to her injury.
He also admitted he was unlawfully in possession of an offensive weapon, a cricket bat.
Depute fiscal India MacLean said that at around 10.30pm, three people had gone to a friend’s home and were speaking to her on the landing outside the flat.
“A female appeared on the landing above. She said she had contacted the police and the accused then appeared behind her,” added the depute.
Muscara had a cricket bat and went down the stairs. He moved it towards one of the group and another female blocked it receiving a graze as a result.
Muscara then swung the bat again and struck the same female on the arm. “She began to cry in pain and police were contacted,” said the depute.
When police went to Muscara’s flat, he told them: “I did go down and give her one.”
He was taken to Dunfermline police station and on the way there, said: “It was just like giving them a wee slap. They wanted to create Saturday night drama and I ended up causing it.”
He later added: “I lost my temper and battered her arm.”
The victim was taken to hospital and was found to have sustained a fractured elbow.
Defence solicitor Alexander Flett said the woman had gone to her ex-partner’s door accompanied by at least four other females.
He continued: “They were causing a considerable amount of noise. Mr Muscara and his partner were both starting their work a few hours later at 4am.
“His partner told them to go away and threatened to call the police but this fell on deaf ears.
“He thought if he went out it might scare them off. He accepts he lost his temper, swung the bat and hit her arm.
“He didn’t appreciate an injury had been caused. He is normally a law-biding citizen who keeps himself to himself and occupies his spare time in exercise pursuits.
“He had no intention of causing an injury. He’s remorseful of becoming involved although none of this would have happened if it hadn’t been for the noise nuisance caused during a time of lockdown.”
Sheriff James Macdonald accepted Muscara was a first offender but added: “It’s not a trivial matter.”
Sheriff James Macdonald imposed a community payback order with 160 hours of unpaid work.