Repeat offender spared jail after breaking man's teeth with punch

Thursday 04 April 2024

A 21-year-old offender with seven previous convictions for violence sobbed and thanked Jurats when they spared him prison for punching a man in a nightclub.

Kai Fairbrace – who has a total of 36 previous convictions – was instead sentenced to 180 hours of community service.

The Royal Court heard that the 21-year-old punched another man in an unprovoked attack in the Watersplash nightclub on 18 August last year, and laughed about it when he was arrested.

Crown Advocate Lauren Hallam, prosecuting, added that Fairbrace had later sent a threatening message to a witness, warning them: “If anything comes back to me I’ll rip your head off your shoulders.”

Crown Advocate Hallam explained that, on the night in question, some of the customers on the Watersplash dancefloor had been dropping ice cubes down the backs of other attendees as a joke.

A woman dropped an ice cube down Fairbrace’s back and he punched the man behind him, assuming he had done it.

The punch broke three of the victim’s teeth and knocked him down. He hit his head on the ground and became unconscious.

The man now needs more than £5,000 worth of dental work to repair the damage to his mouth.

Fairbrace admitted the charge of grave and criminal assault when he first appeared in the Magistrate’s Court, but the case was deemed too serious for that court to deal with it.

He was sent it to the higher Royal Court for sentencing.

Crown Advocate Hallam said that, despite his young age, Fairbrace had 36 previous convictions – including five for common assault, and two for grave and criminal assault.

She added that he had breached the conditions of previous non-custodial sentences, and was considered at high risk of reconviction and high risk of harm to others.

The Crown Advocate recommended Fairbrace serve 15 months in youth detention.

Advocate Julia-Anne Dix, defending, asked the Jurats to grant Fairbrace “one final chance”, saying: “He has never denied what he has done.”

She accepted that he had “struggled” with his last community service order, but said: “To his credit he did complete the order.”

The defence advocate also pointed out that Fairbrace now had a better and more mature attitude, and probation officers had found him polite and co-operative in his dealings with them.

Advocate Dix added that, if he was not jailed, Fairbrace would be able to start earning money to pay the victim compensation.

Deputy Bailiff Robert MacRae said the Jurats had decided to impose a 180-hour community service order instead of prison.

He said they were “taking a risk”, but told Fairbrace: “We are not satisfied that you are unwilling to comply with a non-custodial order.”

Fairbrace was also banned from pubs and bars for 18 months, and was ordered to pay £5,735 for the victim’s dental work at the rate of £200 per month.

He broke down in tears and thanked the Jurats when he was told he was not being jailed.

The Deputy Bailiff told him: “We hope we don’t see you in this court again, but if we do it will be because you are almost certainly on your way to La Moye.”

The Jurats sitting were Robert Christensen and Alison Opferman.