Perth man jailed for 126th offence after Christmas Day police clash

A man has been jailed for clashing with police at a Christmas Day house party in Perth – his 126th conviction.

Alistair Maxwell struggled violently as officers tried to take him away for questioning as a suspect in a serious assault investigation.

The 39-year-old fell and bashed his head off a paving stone during the scuffle, Perth Sheriff Court heard.

He appeared in the dock from custody following his arrest for a non-appearance in court last week.

Sheriff Mark Thorley told Maxwell there was no alternative to prison.

Violent struggle

Maxwell, of St Catherine’s Square, Perth, pled guilty to restricting, obstructing or hindering officers while holding a glass at his mother’s house in the city’s Linnet Drive on December 25 2022.

He also admitted refusing to provide DNA samples and hand swabs as potential evidence in the assault inquiry.

Fiscal depute Duncan McKenzie said police arrived just before 10.30pm.

“The accused was traced in the rear garden, within a shed that had been converted into a bar.

“He was seen with a glass tumbler in his right hand.”

The court heard Maxwell became “very agitated” and refused to put down the glass when asked.

“He became increasingly more irate and aggressive,” the fiscal depute said.

Police took hold of Maxwell’s arm and managed to get the glass from him but there was further trouble as he was led into the garden.

“Due to his violent resisting he and the officers fell to the ground, with the accused hitting his head on paving slabs,” Mr McKenzie said.

“He sustained a bump to the his eyebrow area, which bled onto his clothing.”

Maxwell was handcuffed and placed in the back of a waiting police van.

At Dundee, he refused to allow police to swab him for DNA.

“He was advised that this could result in being charged with an offence,” the fiscal depute said.

“The accused indicated that he didn’t care.”

Remorseful

Solicitor Linda Clark, defending, said: “Mr Maxwell faced a far more serious charge when he first appeared on petition.”

She said: “He had been at his mother’s address, celebrating the festive season, when all of a sudden police officers descended.

“Mr Maxwell had asked if they could come back another day, of if he could attend at the station on a voluntary basis later on but officers were very keen to speak to him and he was thereafter taken into custody.”

Maxwell was remorseful and had shown insight into his offending, Ms Clark said.

Sheriff Mark Thorley told Maxwell: “You have 125 previous convictions including assaults and breaches of community payback orders.

“In the circumstances, I have really no alternative but to impose a custodial sentence.”

Maxwell was jailed for 15 months.

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