A dad who brutally attacked a man with a hammer amid claims his son had been threatened has been jailed for almost four years.
George Spence “took the law into his own hands” when he battered Jack O’Neill with the weapon up to eight times in Sizzlers takeaway in Cambuslang, Lanarkshire last October 29.
The 24 year-old victim was left badly including suffering from fractured ribs and a punctured lung.
First offender Spence, 48, returned to the dock on Wednesday at the High Court in Glasgow.
He had previously admitted to assaulting Mr O’Neill to his severe injury, permanent disfigurement and impairment as well as to the danger of his life.
Mark Stewart KC, defending, had urged Lord Beckett not to jail Spence insisting the attack was “out of character”.
But, the judge locked the dad up for three years and ten months stating what happened to the victim was as a result of “extreme violence”.
He told Spence: “Even if you were motivated by protective paternal instinct, there is no provocation, as understood in law, and there is no justification for your actions.
“If you were concerned for the safety on your son, you ought to have contacted police.
“Instead you chose to take the law into your own hands. You set about the man with a hammer as he crouched and tried to shield himself.”
Prosecutor Angela Gray earlier told how Mr O’Neill had been going to Sizzlers that night when he spotted a Subaru Impreza pulling up nearby.
The motor was driven by Spence’s son George jr, 23, with his dad the passenger.
Ms Gray said: “The car stopped and Spence got out. He shouted to Jack O’Neill: ‘You are getting it’.
“Spence was holding a ballpoint-head hammer. He swung it and tried to hit him.”
CCTV footage from the takeaway saw the victim race inside and behind the counter for safety.
Ms Gray said: “Spence followed him into the shop to continue the attack.
“George jnr got out, made his way into Sizzlers and shouted at his father to get back in the car.
“Spence swung the hammer striking Jack O’Neill seven or eight times on the body.”
The attacker fled in the Subaru before the injured victim was initially helped home.
The court heard he would have passed away without surgery.
He will be on medication for the rest of his life as well as being at risk to chest and brain infections.
The previous hearing was told Spence claimed the attack was sparked after his son had almost bumped into Mr O’Neill in his car shortly before.
It was alleged Mr O’Neill confronted Spence jr leaving him “panicked”.
He then told his dad, who apparently got out his sickbed and eventually attacked the victim.
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