Man escapes prison after GBH with glass

Friday 08 June 2018

A man has narrowly escaped an immediate prison sentence after glassing another man by mistake resulting in a 3cm incision to his forehead.

Callum Aitken, 24, had been taunted during a night out on 24 March 2018, by an unnamed man and after a particularly abusive comment lost control and threw a number of glasses in his direction; one of which hit and injured an innocent bystander.

Aitkin and his girlfriend had shared a night bus into town and got into an argument with another couple over a spilt drink on the journey. On arriving in town the spat between the two men continued and Aitkin claimed that the man had followed him to the Red Onion.

The Magistrates court heard from his defence that Aitkin and his girlfriend decided to leave, but as they did the man shouted some highly offensive and provocative remarks about his girlfriend which meant he lost 'emotional control' and picked up some glasses from a table in the outside area of the premises and thew them in the direction of the man shouting abuse.

The prosecution told the court that an innocent bystander, had been struck by one of the objects, which was either a glass or a glass ashtray. The court heard that the victim had immediate pain and crouched to the ground. He was then assisted in the rest rooms with first aid as he was bleeding from his forehead heavily and felt faint.

The victim was seen by the doctor at accident and emergency just after Midnight on 25 March, who described in his statement a 3cm incision to the left side of his forehead affecting all layers of the skin which required stitches.

The court heard that whilst the victim had not given a full victim impact statement he had said he had a one inch straight-line scar on his forehead that will be permanent and that in the immediate aftermath of the incident he had light headed spouts and had to take time off of work, which had a financial impact.

In his defence Advocate Roffey, reiterated the highly offensive comments and unique circumstances that had resulted in "eleven seconds of madness." He told how Aitkin had genuine regret as outlined in his probation report and quoted that: "At no point did he try to justify his actions, he had victim empathy and had a low likelihood of re-offending."

In sentencing Judge McKerrell said: "I have considered this carefully and the seriousness you have to expect because of the use of a weapon, not an obvious weapon like a bat, but a random object used as a weapon and in any case the use of a weapon is an aggravating factor. Made worse with your frustration and anger and certain deliberate and conscious decision to hurl an object."

Judge McKerrell went on to remind Aitkin that GBH involving a weapon had a starting sentence in the Royal Court of four years in prison, but as he had accepted jurisdiction in the Magistrates Court, he had reduced sentencing options. 

He said: "Provocation and abuse of the vilest kind was no excuse for what you did. This has to attract a custodial sentence, the victim has suffered and he has to live with the consequences for the rest of his life."

The judge ruled that Aitkin serve a 12 month prison sentence, but having reviewed all the mitigation and his probation report, he suspended that jail sentence for two years.

Aitkin was also ordered to pay £2,000 in compensation by 28 September 2018.