Man who stamped on victim jailed for Waterfront assault

Tuesday 21 November 2023

A 22-year-old man with a "poor record" of previous convictions has been jailed for 16 months for attacking another man at the Waterfront.

Tyler Kennedy punched and kneed his 19-year-old victim and stamped on him as he lay on the ground near La Frégate café.

Kennedy has 14 previous convictions, including six for assault, the Royal Court heard yesterday.

At the time of the offence, on 28 May this year, Kennedy was serving a community service order imposed for another grave and criminal assault the previous year.

Outlining the latest assault, Crown Advocate Luke Sette, prosecuting, said Kennedy punched the victim once and then walked away, before returning, punching the him in the head several times, kneeing him and then stamping on him as he fell to the ground.

When a police officer approached he ran off towards the Radisson Blu Waterfront Hotel, and was later captured on CCTV throwing away his bag and T-shirt to avoid being identified.

Pictured: 22-year-old Tyler Kennedy has 14 previous convictions, including six for assault. 

Advocate Sette added that on 21 April last year Kennedy had been sentenced to 230 hours of community service for common assault, grave and criminal assault and affray and had completed 175 hours. When he was sentenced for that offence, he was told he had narrowly avoided custody.

On 8 June this year, Kennedy was also caught with 2.6 grams of cannabis.

Advocate Sette said that when first questioned by the police about the most recent assault Kennedy answered “no comment” to all questions, and at his first appearance in the Magistrate’s Court he had denied grave and criminal assault.

He changed his plea after being shown the CCTV footage. The advocate said Kennedy was considered to be at high risk of reconviction and deserved no special benefit for his young age.

He recommended a 16-month jail sentence.

Advocate James Bell, defending, argued for another community service order.

He said: “He does offer his sincere apologies to the court for finding himself before it again.”

Advocate Bell said his client deserved some leniency because of his youth, and added that alcohol was the cause of Kennedy’s behaviour but he had not had a drink for three months.

“He is making great efforts to improve himself,” Advocate Bell said. “He is keen to get back into work and all the positive signs are there.”

Commissioner Sir Michael Birt, presiding, said the Jurats had considered the arguments in his mitigation but told Kennedy: “You have a poor record. You were given a chance before and you were told you were extremely fortunate to avoid custody.

“Despite that, not very long afterwards you are before us again for an offence of grave and criminal assault. We see no alternative to a custodial sentence.”

Kennedy was sentenced to 12 months for the grave and criminal assault and an extra four months to replace the 55 remaining hours of community service. There was no separate penalty for the drugs possession.

Sir Michael added: “You have to learn that if you turn to violence, serious consequences will follow.”

The Jurats sitting were Jane Ronge and Alison Opferman.