Two teenage thugs who stamped on a defenceless man’s head after an argument in the centre of Cumnock have been spared a jail sentence.

Jack McCall and Nathan Conway left their victim with fractures to his face after the shocking attack in The Square.

The attack only came to the attention of police after officers were contacted by a doctor who’d treated the victim.

The duo, both 19, had previously pleaded guilty to a charge of serious assault when they appeared at Ayr Sheriff Court.

McCall admitted assaulting the victim, pulling him to the ground and repeatedly punching and kicking him to the head and body while he lay on the ground before grabbing and pulling the victim by the body. 

Conway pleaded guilty to punching and kicking the man to the head and body as he lay on the ground.  

Procurator fiscal depute Chris Munro told the court: “Police were contacted by a doctor at ICU at Ayr Hospital at 10.50am after a patient was admitted with serious facial injuries.

“The patient had facial fractures and air trapped behind his eye. The doctor was informed he had been assaulted by males near a pub and kebab shop.  

“Due to the seriousness of the injuries the doctor contacted police, who attended and spoke to the complainer; he was uncooperative but confirmed he was assaulted the previous evening.

“They seized his bloody clothing and contacted East Ayrshire Council to view CCTV.  

“Inquiries provided police with a co-accused, who provided assistance.  

“Police then attended the Victoria Inn and observed CCTV footage.”  

Describing the detail of the footage, Mr Munro said the witness could be seen engaged in an argument near the entrance to the shop, before being seen “gesturing and squaring up”.  

Mr Munro continued: “They continued arguing and the accused is seen manoeuvering behind him.

“When squaring up the accused, McCall punched the witness to the side of the face."  

The court heard the victim fell to the ground and the two thugs were able to kick him to the head before a member of the public tried to intervene. But Conway continued to assault the man, kicking him to the head, face and body.  

Mr Munro added: “The witness managed to get to his feet and was ushered into the bar.

“Nathan Conway was seen hanging about, speaking to Jack McCall.”  

Both accused later attended Kilmarnock police office and were arrested.

The court heard the victim of the attack, which happened on September 2, 2022, suffered “extensive neck and facial injuries” but did not require an operation.  

The pair returned to court for sentencing after being released on bail for background reports.

McCall’s solicitor Ian Gillies told the sentencing hearing: “He is 19 and a first offender. He got involved in this incident because of his elder brother. In this case he was originally on petition with the older brother, but that matter was dealt with on its own and he [the older brother] was sentenced to a period of imprisonment for 22 months.

“He [the brother] has a record with substantial violence. Jack McCall has no previous convictions.

“He got involved, but that is no excuse; he should have kept out, and accepts his responsibility.

“Certainly Mr McCall is able to complete community service.”

Solicitor Robert Logan, who appeared for Conway, a resident of Forbes Avenue, said:  "I think it’s fair say [the victim] came searching for his brother and confronted him.

"Then something occurred which Nathan Conway got dragged into. The kicking caused significant injuries to the complainer, who refused to engage. 

"He is 19 years old, with a previous conviction for violence.”

The court heard McCall, of Emrys Avenue, had previously been placed under a restriction of liberty tag while out on bail.

Sheriff Desmond Leslie said: "On this occasion you will not go to jail."

Both teens were placed on community payback orders with supervision for 18 months and told to complete 150 hours of unpaid work.

Conway was also placed on a restriction of liberty order requiring him to stay at home between 7pm and 7am every night for four months.