Denny offender breached bail to scatter his child's ashes

An offender breached his court order not to have contact with his former partner to help her go and scatter the ashes of their unborn child who had recently died.

Monday, 29th November 2021, 3:28 pm

Brian Toye (39) was out with his former partner, but they had experienced car trouble and when police arrived on the scene to attempt to help them out officers discovered Toye had breached his bail order by being in the presence of the woman.

Appearing from custody via video link at Falkirk Sheriff Court last Thursday, Toye had pleaded guilty to behaving in a threatening manner and breaching his bail conditions not to contact a woman at an address in Linlithgow Place, Stenhousemuir on August 18, 2019.

He also admitted breaching his bail conditions not to have contact with the woman, and having possession of a knife in Falkirk Road, Bonnybridge, on November 20, 2019.

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Toye behaved in a threatening manner at an address in Linlithgow Place, Stenhousemuir

Procurator fiscal depute Rose Wilson said: “It was midnight and officers were driving at the location when they saw the accused pushing his motor vehicle. They also noticed a female sitting in the driver’s seat of the vehicle.

"They stopped to offer assistance – it appeared the car had broken down. They noticed there was a knife within the vehicle.

"A check revealed the accused was subject to a bail order not to contact the female in the car.

"Officers spoke to her and she did not provide a statement. She did say she was only with the accused because they were going to scatter their child’s ashes.”

The court heard the accused and the complainer had been in a relationship for around six weeks and it had ended before these offences happened.

"There were bail conditions in place,” said the procurator fiscal depute. “He was not to contact the complainer. It was 1:00am and she was in her address sitting in her living room.

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"She heard a few loud bangs on the door and heard the accused shouting ‘open the door’. At this point she called the police. Officers attended but were unable to trace the accused.

"At 5.30am the complainer was within her living room and heard a loud banging at the door and the back door being kicked. She contacted police again. The accused then entered the address and started shouting and swearing at the complainer.

"He said if he was going to be lifted by police he was going to all the knives in the kitchen.”

Lynn Swan, defence solicitor, said: “The couple had experienced the death of their unborn child and she was not coping that well at the time.”

The court heard Toye had been working as a fabricator and was on a methadone prescription.

Sheriff Simon Collins QC said there had been a complete failure on Toye’s part to comply with his community payback order, which had been an alternative to custody.

He said: “He can have no complaint if that custody is now imposed.”

Toye, 21 Overton Crescent, Denny, was sentenced to 15 months in prison back dated to September 30.

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