Appearing in the Magistrate’s Court this week, Sean Wesley Cutt narrowly avoided jail.

He was instead sentenced to 90 hours of community service and put on probation for six months. 

But Assistant Magistrate Peter Harris told him that if the victim had suffered lasting injuries he could have faced jail.

St. Helier Centenier Paul Davies told the Magistrate’s Court that the fight between the two men had broken out at 18:30 on 10 May.

He said: “They were seen grappling and punching and then one fell to the floor. Cutt was kicking him in the head while he was on the ground and no threat to him.”

Cutt admitted grave and criminal assault, but Advocate Nicholas Miere, defending, said there had been “significant provocation” before the fight broke out and that Cutt had suffered injuries such as bite marks and bruises.

He also said that Cutt had been the victim of an unprovoked attack at Christmas 2021 which may have accounted for his behaviour.

“Sometimes aggression is borne out of fear,” he suggested.

The Assistant Magistrate told Cutt that he was being spared custody because of his early guilty plea, his lack of previous convictions and the fact that the victim’s injuries had not proved long-term.

But he said: “You need to be aware that violence like this, and where alcohol is involved, could result in prison.”