A DRUNKEN argument over a mobile phone and a bank card at a flat in Bellsmyre has earned a habitual offender an eight-month prison sentence.

Michael McElhinney assaulted his then partner at the property in Auchenreoch Avenue after the row in the early hours of December 13.

McElhinney, 22, whose criminal record includes convictions for assault, robbery and threatening or abusive behaviour, appeared at Dumbarton Sheriff Court on Friday for sentencing on both the Bellsmyre assault and a separate case in which he admitted stealing £300 from a shop in Dalmuir on January 14.

McElhinney pleaded guilty on April 11 to a charge of injuring his ex by seizing hold of her on the neck and pushing her against a wall.

And at the sentencing hearing, the presiding sheriff told McElhinney's solicitor that because of the nature of her client's record, he had “no option” but to impose a jail term.

Fiscal depute Scott Simpson was only able to give the court a sketchy account of what had happened at Auchenreoch Avenue on the night of December 9-10 – because, he said, the victim of McElhinney's assault had been “a reluctant complainer”.

Mr Simpson said McElhinney had been drinking with his then partner and her aunt the previous evening, and that nothing had seemed untoward until police became involved shortly after three o'clock in the morning.

He said: “Police found physical evidence of the assault having taken place.

“The police did not have a coherent account of his this happened. They can put together a before and after scenario – it's quite clear something had happened, because there was bruising to the neck, and the accused was responsible for it.

“Police information is that it related to an argument over a bank card and a mobile phone. That's what police have pieced together and what the accused has accepted that he did.”

McElhinney, who was listed in court papers as being a prisoner at HMP Low Moss, was brought to the dock in handcuffs after being sentenced to five months in jail for a similar, but unrelated, matter at Hamilton Sheriff Court on April 14.

He also appeared for sentencing on Friday on a charge of stealing around £300 from the Shop Local store in Dumbarton Road in Dalmuir on January 14.

He initially faced a more serious charge of robbery and assault in relation to the Dalmuir incident, but this was reduced to one of theft after discussions between the defence and prosecutors.

McElhinney's solicitor, Gail Campbell, said the Bellsmyre incident had happened after an argument over childcare, and pointed out to the court that there were no previous incidents of domestic violence on her client's record.

Ms Campbell said: “Alcohol is no excuse and he knows that. He had made tremendous success of staying out of the level of trouble he had been in previously.”

Seeking to persuade Sheriff William Gallacher not to send her client to prison, Ms Campbell continued: “He will either be appearing here throughout his years to come, or there may be some form of intervention which deals with his alcohol misuse, gives him the necessary support and enables him in other forums to rebuild his family life.

“Supervision may not be entirely compulsory but could be the turning factor for him to have support and have the eye of the court on him.”

But Sheriff Gallacher told McElhinney: “Your record extends for years and you are in persistent breach of bail orders. In all the circumstances I have no option but the imposition of a custodial sentence.”