Tayside and Central Scotland

Andrew Montgomery from Dundee jailed for biting off part of cousin's ear

A man who bit off part of his cousin's ear has been jailed for three years and four months.

Andrew Montgomery, 34, from Dundee, carried out the assault before chasing Dean Montgomery, who was clutching his severed lobe, down the street.

The court had previously heard how assault came after a family dispute over a grave plot.

Passing sentence, Sheriff Kenneth McGowan described the assault as "vicious".

He said: "I accept you didn't set out to bite your cousin's ear off but you must have known that violence could result when you met him.

"The assault was vicious and compounded by the fact that you went after him and continued an assault on him while he was on the ground.

"In all the circumstances a custodial sentence is unavoidable."

Dean Montgomery was left needing extensive reconstructive surgery to create a new ear as the detached part could not be saved.

Andrew Montgomery had pled guilty on Thursday to a charge of assaulting his cousin to his severe injury and permanent disfigurement. The incident happened in Dens Road in Dundee on 30 July last year.

Sentence had been deferred for a day to allow a full plea in mitigation to be heard from Andrew Montgomery's lawyer.

When the case called again on Friday morning, Jack Brown, defending, said there had been a long-standing family dispute.

He said: "This was an unhappy coming together of two family members. It may have seemed a trivial matter over a grave plot, but it took on significant ramifications within the family.

"He is assessed as a medium to high risk of reoffending, but I would submit he is not a risk to the public in general.

"This was a particular incident in a particular set of circumstances."

Andrew Montgomery's family members wept in the public benches as he was led away.

Dean Montgomery shouted "thank you judge" as he left the courtroom.

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