Head stamper who fetched tea towel to help victim spared prison

Tuesday 29 November 2022

A man who stamped on his victim's head - but then went to fetch a tea towel to help him - has avoided jail, with the court giving him 120 hours community service instead.

The Magistrate’s Court was shown footage of the attack, filmed by a neighbour, in which David James Barry (55) stamped on another man’s head just outside a St.Helier off-licence.

Advocate Julia-Anne Dix, who was defending Barry said he had been provoked, but added, "He accepts that provocation did not justify his actions.

"He is not a violent man. He just snapped."

She added that Barry had fetched a tea towel and had pleaded guilty to grave and criminal assault at the earliest opportunity.

The Court heard that he had been wearing soft shoes so the injuries were not as severe as they might have been. 

Assistant Magistrate Peter Harris told him: "You’re lucky. For a more serious injury you would be going to prison."

As well as the community service order he imposed a nine month probation order.