Man narrowly escapes prison after headbutt

Friday 05 August 2022

Alexander Atkinson, 37, “just managed to avoid” a prison sentence after headbutting a man in Folies.

Judge Graeme McKerrell said he was taking an “exceptional course of action” by imposing a 180-hour community service order instead of an immediate custodial sentence.

CCTV footage of the assault, which occurred on 29 May in Folies, showed Atkinson headbutt his victim while both individuals were exiting the nightclub.

Pictured: Atkinson was arrested at the Weighbridge taxi rank after identifying himself to police officers. 

The court heard that there had been an altercation on the dancefloor earlier in the evening between Atkinson and the victim’s friend, who Atkinson had accidentally poked in the eye.

The prosecution accepted that the eye poke had been accidental and that Atkinson had immediately apologised. Defence advocate, Liam Roffey, told the court that Atkinson’s apology had not been accepted and that it “was not by chance” that the two men were immediately behind Atkinson as they exited the nightclub.

“It would be fair to say that my client was being badgered and his personal space was being invaded,” said Advocate Roffey.

“My client has not attempted to excuse or minimise his actions, the dangers of which are not lost on him.”

Pictured: Atkinson appeared in the Magistrate's Court on Thursday [3 August] for sentencing. 

Advocate Roffey explained that Atkinson had been drinking “all day” at the Guernsey Together Festival and arrived at Folies with his girlfriend around 23:00. “My client cannot recall the headbutt and struggled to watch the CCTV footage at interview. He could not believe what he had done and was at a loss to explain his actions.

“My client wrote a letter of apology to the victim dated two days after the incident, well in advance of receiving any legal advice. It was written on the back of his sincere regret, not based on legal advice.”

The court heard that, after headbutting the victim, Atkinson identified himself to police officers outside of Folies to admit what he had done but told them he had acted in self-defence. Atkinson was then later arrested at the Weighbridge taxi rank.

Pictured: Judge Graeme McKerrell said Atkinson "just managed" to avoid an immediate prison sentence. 

Judge McKerrell commented that it could be argued that Atkinson was trying to establish his “story of self-defence” before being arrested. However, he continued to say that he did not believe this to be Atkinson’s intention.

“I will give you the benefit of the doubt. The fact that you identified yourself to police officers rather than attempting to be lost in the large crowd does not work against you,” said Judge McKerrell.

“Using your head as a weapon is extremely serious and a custodial sentence is always very likely. I am taking an exceptional course of action in imposing a community service order for the maximum number of hours possible. This shows just how close you were to a custodial sentence.”

The 180-hour community service order was imposed as a direct alternative to a five-month prison sentence.