Jogged towards pub and 'nutted' man

Saturday 25 May 2019

A 25-year-old man has been sent to prison for 28 days for head butting the ex-boyfriend of his then partner on the day of a funeral.

Declan Babinski was sentenced on a public order charge in the Magistrates Court on Thursday.

On 28 March 2019 Babinski was jogging towards the Ship and Crown when he saw his partner at the time outside talking to the victim who she had previously been in a relationship with, and who the defendant admitted he did not like. The defendant had attended a funeral that day and had been drinking alcohol. 

While attending another job in the area Guernsey Police witnessed the defendant draw his head back and head butt the victim. Advocate Liam Roffey, acting in the man's defence, said the victim had not wanted to make a complaint about the incident and that thankfully minimal damage had been caused. 

In the aftermath of the event the victim was recorded on body cam footage as saying "I'm fine I've had worse, no worries". 

"He did not plan to attack the man, his last offence was in 2011, he is the first to admit were it not for alcohol consumption he would not be here today. This behaviour is not a part of who he is, it is a result of alcohol. 

"We don't have a complainant we don't have significant injuries," said Advocate Roffey. 

The lack of any similar offences on Babinski's record and his compliance with the investigation meant Judge Finch applied 50% discount on the possible sentence. 

Presiding, Judge Russel Finch emphasised the danger involved in cases of head-butting. 

"Had there been a complainant it'd be an assault not just a public order offence. 

"Nutting someone is always treated as a weapon. Public order must be maintained," he said. 

Babinski was sentenced to 28 days imprisonment for the offence.