Last updated at 16:43, Friday, 31 August 2012

A DAD who drunkenly assaulted a man and left him needing surgery because he thought he was flirting with his wife has been ordered to pay £689.

MISTAKEN BELIEF: David Mark Ogilvie pictured outside Furness Magistrates’ Court, charged with assault by beating a man he thought was flirting with his girlfriend REF: 50036943B004

David Ogilvie, 38, punched Matthew Albery three times in the head during a night out in an “out of character” attack at the Strawberry pub in Abbey Road, Barrow, on May 7.

The court heard Ogilvie, of North Row in Barrow, had been out “drowning his sorrows” when he misread the situation and thought Mr Albery was chatting up his girlfriend.

Miss Judith Knott, prosecuting, told Furness Magistrates’ Court Mr Albery had been standing at the bar with friends before the attack, which left him with a severely deviated nasal septum.

She said: “Mr Ogilvie approached him and while the victim was not looking, punched him three times in the face and knocked him unconscious.”

Ms Maureen Fawcett, defending, explained how Ogilvie, who was out drinking with his girlfriend, had a 14-year-old daughter living in Holland from a previous relationship.

She said the 38-year-old, who has bipolar disorder, had just taken her back to the airport, which he found difficult to cope with. She added: “He is quite a needy character. He is quite worried and reads into things – things that are not there.”

The court was also told Ogilvie wanted to make amends and felt “such remorse” that he turned himself in “before the police were even looking for him”.

Sentencing, presiding magistrate, Mrs Sharron Gillam, said: “Mr Albery was just in the pub having a drink and he was knocked unconscious by yourself with three punches. We have taken into account the problems that you do have but it is still a very serious offence and has to be dealt with as such.”

Ogilvie, who admitted assault, was given a 12-month community order and a four-month curfew, requiring him to remain indoors between 6pm and 6am every night. He must also take part in an alcohol awareness programme.

He was also ordered to pay £104 to cover Mr Albery’s private health insurance costs, £500 compensation and £85 court costs.

First published at 16:41, Friday, 31 August 2012
Published by http://www.nwemail.co.uk