A drink-drive suspect who attacked an elderly woman and a police officer, then tried to blame her conduct on low blood sugar levels, has been placed on a curfew.
Jill Fyffe was told she would be allowed to stay at liberty until midnight each night, after telling Perth Sheriff Court she needs to walk her dog in the evening.
The 45-year-old, who is diabetic, claimed she was having a hypoglycaemic attack when she was seen in a parked vehicle punching passenger Rosemary Thomson, 80, as she screamed out in pain.
Two passing dog-walkers rushed to the woman’s aid, grabbed Fyffe’s keys and locked her inside the car until police arrived.
Fyffe had denied allegations she assaulted Ms Thomson – who was in her care at the time – failed to cooperate with breath tests and kicked a police officer on an unclassified road near Wellwood, Longforgan on April 22 2020.
She was found guilty at the end of a three-day trial in February.
Obstructive approach
Returning to the dock for sentencing, Fyffe was banned from driving for two years and fined £500.
She was further ordered to stay home between midnight and 10am each day as part of a three-month restriction of liberty order.
The hours were amended so Fyffe can take out her support dog each evening.
Sheriff Lindsay Foulis said: “It is perfectly clear to me – having heard all the evidence and observed the way the case was presented on your instruction – that you adopted an obstructive approach throughout.”
The sheriff said Fyffe was in a “position of trust,” regarding the elderly woman in her car.
Screaming alerted dog-walking pair
The court heard how mechanical engineer Lewis Miller was walking his dog with his partner when he heard “screaming” from a parked car.
The 31-year-old told the trial: “It sounded like someone in pain.
“There was an elderly lady in the passenger seat.
“The driver seemed to be hitting her, causing her pain.
“I remember seeing her squeezing her thigh and the elderly lady was trying to push her off.
“She was trying to get out of the car but couldn’t. She seemed a bit frail.”
With Ms Thomson safely removed from the car and Fyffe locked inside, PC Jillian Robertson arrived on the scene.
She said Fyffe “appeared to be intoxicated” and “smelled of alcohol.”
As she tried to arrest her, Fyffe kicked out at PC Robertson’s colleague Nathan Shields.
Gummy sweets to raise sugar levels
Fyffe, of Primrose Place, Perth, told the trial she took medication for type one diabetes.
Asked why police detected a smell of alcohol from her, she said: “It could have been because of my blood sugar levels.
“There can be a sweet smell of alcohol on someone’s breath when their ketones are high.”
She said she would drink cola and eat sweets like gummy bears to raise her blood sugar levels.
When she took too much or “over-compensated” she could become agitated and forgetful, she said.
Her claims collapsed under scrutiny of defence witness, leading pathologist Professor Anthony Busuttil.
He confirmed there was no proof in Fyffe’s medical records she had suffered a hypoglycaemic attack.
Asked by solicitor David Holmes about the symptoms of such an attack, Prof Busuttil said she could have slurred speech but he said there would not be a smell of alcohol.
High ketones, he said, might give off a “sweet but non-alcohol” smell.
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