Man's sixth assault charge not accepted as "out of character"

Monday 04 March 2019

Head-butting another man at the Cock and Bull before Christmas in an unprovoked attack involving a dance teacher and her partner has landed Neal Bewey in prison for three months.

The 44-year-old was told his decision to lash out on 22 December 2018 was a "catastrophic lapse of judgement" but must face a prison charge because of the seriousness of his crime and history of violence.

Bewey was out drinking with friends at the Cock and Bull when the group, some of whom had children at a local dance school, began talking to the dance teacher who was out for the evening. The defendant took particular offence when the dance teacher's boyfriend approached the group joking that his partner was "chatting up the dance school dads". 

"What are you doing coming over here with your long hair, you look about 8 stone, I could snap you like a twig," he told the man, who reacted by joking about beating him on the football pitch to diffuse the tension, the court heard.

"She's lovely, you're a c***," Bewey continued before placing his hands on the man's shoulders and delivering a head-butt which gave out a loud "crack", according to the dance teacher who said she had "never seen violence like it". The man was taken to hospital via ambulance and had the gash on his nose treated at a total cost of  £385. The man also sustained two black eyes. 

Bewey sent a message to the victim through a third party offering to pay the ambulance and hospital fees and said during his interview with Guernsey Police that no matter what words were exchanged he was "100% in the wrong". CCTV shown in court showed the defendant attempting to leave the pub after the incident before he was struck by a third man near the exit at which point he "put his hands up".

Pictured: The Cock and Bull pub where the offence took place in December. Photo taken from Tripadvisor.co.nz. 

Advocate Merrien for the defence argued that the offence was "out of character" but Judge Cherry McMillen interjected to point out five previous assault charges from the mid 1990's up to 2012. 

The court heard that In 2012 Bewey had been given a three year suspended sentence and fine of £1100 for another assault and that references about his good character, including volunteering with a local basketball team, would not spare him a custodial sentence.

"The offence was an unprovoked aggressive response to what was intended to be no more than light hearted banter and clearly had an impact on others who witnessed the incident.

"You used your head as a weapon against another person. Head butts are particularly dangerous. I think you have experienced a set of complex life experiences and how you've reacted is shown in your record. You've been given a suspended sentence in the past, I'm very exercised by that case.

"The message must go out that those who head butt people can not expect anything other than immediate custody," said Judge McMillen. 

Bewey was sentenced to three months in prison and ordered to pay a total of £885 compensation to the victim, when he appeared in court last week.