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Jail for assault as victim suffers fractured cheekbone

Jail for assault as victim suffers fractured cheekbone

Saturday 23 July 2016

Jail for assault as victim suffers fractured cheekbone

Saturday 23 July 2016

A 30-year-old unemployed man has been jailed for 13 months after kicking and punching another man on the ground, causing the victim to suffer a fractured cheekbone.

The Royal Court yesterday heard Mark Goodchild admit both counts of assault and possession of cannabis - with the assault leaving his victim requiring surgery to insert a metal plate into his face.

Goodchild had been drinking at Kitty O’Shea’s pub on the evening of August 29 last year when he went outside to smoke. He became involved in a row with Mr Carlos Caboz, who hit Goodchild in the face. 

Crown Advocate Sara O’Donnell said: “Goodchild grabbed the victim and threw him to the ground, where he lay motionless. The defendant proceeded to kick and punch him. Members of the public, including a child of 14, a pregnant woman and an elderly couple were in close proximity to the incident. The defendant was seen by several witnesses to punch the victim after he appeared to be unconscious on the ground. He was also seen to kick the victim to his upper body and head. He went over to a male passer-by, threatened him and told him not to call the police.”

Goodchild was later arrested at the Havana nightclub and he was found to be in possession of 506 milligrams of cannabis. 

Mr Caboz was examined and had suffered a fractured cheekbone which required a metal place and screw to be inserted into the left side of his face.

Advocate O’Donnell, who told the court Goodchild had seven previous convictions on his record, said: The defendant denied any wrongdoing and denied that the brown resinous material belonged to him. claiming it must have been in the cage before he got into the van. He did not remember hitting anyone.” 

Defending Advocate Estelle Burns asked the court to take into account the level of provocation, but added: “He fully accepts the assault was disproportionate in response.”

Advocate Burns then produced a letter of apology, saying: “He could not control his anger at the time, so soon after his father’s passing away.    

“He turned 30 years of age in custody and his responsibilities lie with being a father to his two sons. He wants to be a stable role model for his children when he leaves custody. A probation order would address his alcohol issues. I would ask the court to give him a chance to maintain the positive steps he has been taking.      

“He hopes this marks a turning point in his life where he puts offending into the past.”

Deputy Bailiff Tim Le Cocq told Goodchild he “did not have good record when it comes to previous convictions for violence.”

He added: “We accept you were provoked but your reaction went far beyond any legitimate response and was entirely disproportionate although we do accept your remorse is genuine.

“Current policy in Jersey is clear towards violent assaults, unless there are exceptional circumstances, they will result in custodial sentences.”

Goodchild was jailed for 12 months for assault and a month for possession of cannabis, making a total of 13 months.   

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