“You can consider yourself very lucky”

Monday 29 July 2019

A 33-year-old man has been handed community service for a “vicious” assault where he caused permanent scarring to another nightclubber after striking him in the head whilst holding a glass, the Royal Court has heard.

Warren Ray Ashcroft was told to consider himself "very lucky" to have avoided prison for the attack which was described as "vicious" by the prosecution.

Ashcroft was handed a community service and probation order as well as being banned from licensed premises for a whole year.

The Court heard that the incident took place in Mimosa when Ashcroft had been out at a Christmas party with work colleagues on 14 December last year – the assault itself was captured on CCTV footage.

Pictured: The case was heard in the Royal Court.

An argument arose between Ashcroft and another man who thought he had nudged or pushed him in the back “harder than what you expect in an accidental way,” causing him to lean over and say to the defendant: “Why the f**k did you push me?”

Despite Ashcroft telling him to “drop it,” the other man continued to lean over and speak to him until the defendant is seen “raising his right arm and striking the victim to the top right side of his head with a glass that he was holding in his hand." 

The Court was told that “the defendant then continued the assault by jumping on top of the victim after he had fallen to the floor” and that Ashcroft “had to be physically hauled off the victim and removed from the premises by door staff.”

After he was arrested, Ashcroft reportedly told Police “I tried to turn away, but he kept coming at me.”

Pictured: Ashcroft was arrested after the incident.

His victim has been “left with a permanent scar” and also suffers with “anxiety” and fear of going out socially as he is concerned “something might happen” to him again.

Crown Advocate Conrad Yates, prosecuting, said that although he accepted the glass was not used intentionally as a weapon and there was some degree of provocation from the victim, “an exchange of words can in no way excuse the assault that followed.”

Emphasising that with assaults involving glass, the perpetrator is not in control of the severity of injuries inflicted, the Crown Advocate invited the Court to follow previous cases where “substantial custodial sentences” have been imposed for crimes of this nature.

He therefore invited the Court to jail Ashcroft for 21 months as well as paying compensation to the victim for earnings lost and as recompense for the injury he sustained.

Advocate James Bell, defending, began by saying that “the seriousness of this matter is clearly not lost on Mr Ashcroft.”

Noting that the “remorse on the part of [his client] is both genuine and heartfelt,” and that Ashcroft is “ashamed” of his actions, Advocate Bell recommended dealing with the offence by way of a non-custodial sentence.

Pictured: Advocate James Bell urged the Court not to impose a custodial sentence.

“Public interest does not on this occasion require this Court to send this man to prison,” the defence Advocate urged, adding that this would not be a “soft option” for his client.

The case was heard by Jurats Jerry Ramsden and Steve Austin-Vautier.

The Bailiff Sir William Bailhache, presiding, handed down the Court’s decision that “with a great deal of hesitation” they would be imposing a non-custodial sentence.

Ashcroft was therefore handed a 276-hour community service order, a 15-month probation order and a 12-month exclusion order from all licensed premises apart from the cinema, airport and harbour. 

He was also ordered to pay his victim £1,923.35 to his victim as compensation, as the Bailiff reminded him: “Whatever impact these proceedings are having on you, the impact on him [the victim] is much worse.”

Dismissing him from the Court, the Bailiff addressed Ashcroft directly: “You can consider yourself very lucky.”