Rugby player's appeal against Guernsey nightclub sex assault conviction dismissed

Friday 17 February 2023

A 36-year-old man, who sexually assaulted a women when visiting Guernsey as a semi-professional rugby player, has had his appeal against the conviction dismissed - but he still intends to challenge his five-month prison sentence.

Matthew David McLean was visiting the island with the Worthing Raiders rugby team when he grabbed a girl by the waist, pulled her backwards onto the floor and simulated sex with her, before assaulting her boyfriend.

McLean had pleaded not guilty to the offences – which occurred at Folies Nightclub in May last year – but was later found guilty of intentionally touching a female in an inappropriate manner and deliberately assaulting a male at a trial in September 2022.

Two victim impact statements, read by Crown Advocate Fiona Russell at McLean's sentencing, revealed that the male victim sustained injuries which prevented him from playing sports, whilst the female victim became “less confident" and ended up missing out on various social events due to the fear of returning to town.

Pictured: Guernsey's Bailiff acts as President of the Court of Appeal.

Defending McLean, Advocate Clare Tee said her client was attempting to show off in front of his friends, and is “extremely embarrassed as a consequence”.

However, Judge Gary Perry criticised what he saw as “unwarranted macho behaviour” and a “serious assault" captured on CCTV, in which a bite left “teeth impressions”.

Judge Perry sentenced McLean to three months imprisonment for the assault and two months imprisonment for the sexual assault, to run consecutively. He was also ordered to pay £500 to the male victim, but not the female victim.

“I’m sure that the last thing she wants is your money," said Judge Perry.

Pictured: McLean's appeal hearing was held in Guernsey's Royal Court.

However, McLean was granted conditional bail when he lodged his appeal against the sexual assault conviction. He did not attempt to appeal against his conviction for common assault.

Presiding over the appeal hearing in the island's Royal Court last week, Guernsey's Bailiff, Richard McMahon, said he was satisfied that the Magistrate’s Court had properly found the touching against the complainant to be of a sexual nature and the appeal was dismissed.

Despite this, McLean's conditional bail – which included £7,000 of security – was extended by the Bailiff until his appearance in Guernsey's Royal Court later this year to appeal his five-month combined prison sentence for both assaults on the grounds that it is manifestly excessive.