Sent to prison after "drunken glassing"

Tuesday 14 July 2020

A young man who glassed an acquaintance in the face, after being insulted by him, has been sentenced to nearly two-and-a-half years in prison.

The incident happened at St Jacques Tavern, where Benjamin Rive, 22, had gone with a group of friends on 26 November last year.

Rive and the complainant had met before and acknowledged one another when the defendant entered the pub. 

As the night went on, Rive's group started to become rowdy and had to be asked to be quiet by staff. At one point, the other man, who was watching a game of football while the group played a "noisy" game of pool, turned around and called them "retards".

At closing time, Rive's group was asked to leave the pub. As they headed out, the defendant lunged towards the victim, smashing a pint glass on the side of his face.

Pictured: The victim had to visit the hospital for his wounds to be treated.

The complainant was taken to A&E, while Rive was remanded by bar staff.

A doctor at the hospital noted that the victim had no severe head injuries, but did have a number of lacerations - the worst of which split the outside edge of his ear. This had to be stitched under local anaesthetic, while the others were glued.

Because of the nature of his job, the victim was unable to work for a period while the wounds recovered.

The defendant was arrested and refused to give any answers in his interviews. However, when his phone was seized, officers came across messages he sent to his girlfriend in which he admitted his guilt.

"It was out of order and I really didn't mean to it," he had told her in the hours after the incident. "I was shocked and disappointed in myself."

Defence Advocate Liam Roffey agreed that Rive's actions were "completely and utterly out of order" and would have "caused extreme pain". But he did note that the victim has "since made a full recovery".

Pictured: Guernsey Police found messages about the incident on the defendant's phone.

He asked the court to consider that the defendant is a "relatively young man" who had a "turbulent childhood". Advocate Roffey went on to explain how Rive has struggled with a number of mental health issues and had turned to using alcohol and illegal drugs to cope, but said he wasn't seeking to "hide behind these issues" in court.

Since committing the offence, Rive has given up use of all substances.

"He is determined not to appear before you again," Advocate Roffey added.

The defendant's offence was aggravated by the fact that he had breached a suspended sentence, handed to him in March 2019, by breaking the law again.

The sentence of five months in prison had been suspended for two years for an incident of common assault which happened in June 2018.

The Bailiff, Richard McMahon, said it was important that the court provides a "deterrent" for others.

"Guernsey remains a less violent society than other jurisdictions, for example, England," he said. "Using a glass as a form of weapon is always regarded an aggravating factor."

The Judge gave Rive credit for his early guilty plea.

Pictured: The defendant was sentenced in the Royal Court.

"What's apparent is how remorseful you are," he said. "You have a supportive circle of family and friends and that will assist you. We are impressed that there appears to be a thoughtful and controlled man underneath."

However, Rive was sentenced to two years in prison for the "drunken glassing" and a further five months for breaching his suspended sentence. 

"I hope this will be a wake up call for you," Mr McMahon added. "You were lucky to be given a chance last year but it fell on deaf ears. We do hope you now realise how terrifying and unacceptable this sort of behaviour is."

Pictured top: Ben Rive has been sentenced to two years and five months in prison.