A Girvan man has been jailed for 27 months after knocking another man unconscious in a serious assault that began inside a pub toilet and continued on Dalrymple Street.
Dean Smart, 34, admitted assaulting the victim at the Athletic Tavern and in Dalrymple Street on August 8, 2025. The court heard that the man was bitten, punched, pulled to the ground and repeatedly kicked and stamped on the head and body.
Smart pleaded guilty to an amended version of the charge on the Crown’s indictment when he appeared at Ayr Sheriff Court for a pre-trial first diet hearing. His sentence was reduced from 36 months to 27 months because of his guilty plea.
How the assault unfolded
The Procurator Fiscal depute told the court that Smart and the victim knew each other but were not friendly. At around 10pm, the victim was socialising and drinking alcohol at the Athletic Tavern before going to the toilet.
The prosecutor said Smart tried to speak to him, but the man ignored him and returned to the bar. Smart followed and struck him on the back of the head. He then approached the victim again and grabbed his face.
When the victim raised his hand to push Smart away, Smart bit him between the thumb and finger of his left hand. The two men were separated, and Smart was escorted from the pub. The victim went to the toilet to clean himself up.
The court heard that Smart then grabbed and punched the man. Both fell to the ground, where Smart repeatedly punched him on the head before kicking and stamping on him. He stamped on the victim’s head three times.
The assault left the victim unconscious. Members of the public eventually intervened before police were contacted. A pool of blood was found at the scene, and the injured man was taken to hospital.
The court heard that doctors had initially been concerned about a possible neck injury, but later “found his neck was not fractured”.
Defence and sentencing
Defence solicitor John Gallagher accepted that the custody threshold had been met. He told the court the stamping happened while both men were on the ground, rather than while Smart was standing.
Gallagher said Smart had not attempted to avoid responsibility for what happened. He said Smart had attended a funeral and consumed alcohol before recalling that he had entered the toilet and knew someone was in a cubicle.
The defence position was that the victim had first struck Smart on the back of the head. Gallagher said Smart had taken exception because of the existing bad feeling between the pair, lost his temper and regretted failing to leave the matter alone.
He also told the court that Smart, who had previous convictions but had never been imprisoned, wanted to resolve the matter and would comply with any compensation requirements. Smart’s son was described as his main focus, and the court heard he understood the example his behaviour could set.
Sheriff Colin Pettigrew said the incident was “very unsavoury” and had begun in a pub toilet. He said both Smart and the victim were fortunate the matter had not resulted in a different outcome, and that the assault would likely have had a psychological effect on the victim.
The sheriff said custody was appropriate after considering Smart’s previous convictions and the seriousness of the attack. Smart was jailed for 27 months.
The case was heard at Ayr Sheriff Court following the assault in Girvan. The original report was published by the Ayr Advertiser News.
