Reckless damage as couple argue over their relationship status

Monday 04 February 2019

A community service order of 50 hours has been given to a man who smashed a pane of glass with a step ladder during an argument with a female friend.

Stuart Lucas, 32, admitted one count of reckless criminal damage, after he had a violent argument with the woman, who he considered to be his girlfriend, while at her house.

But last week's sentencing hearing in Guernsey's Magistrate's Court was not straightforward, as the prosecution and the defence lawyers couldn't agree on exactly what happened on that night. Normally when there is a disagreement over the facts, a Newton hearing takes place, but the Magistrate decided whichever version of events she accepted, it wouldn't affect the sentence anyway.

The court then head that Lucas had been at the woman's house in the early hours of Saturday 22 December after she had called him. The court heard that she didn't consider herself to be in a relationship with Lucas - but she had offered him a lift that nght.

At the time of that phone call, the defendant didn't answer, but he later called her back and asked what she was doing. When he was told she was at her house with a friend, the two argued, and Lucas said he would come round.

The court also heard that earlier in the evening, Lucas had asked the woman to meet up with him but she said no.

Lucas has been in prison before, but has not been given a custodial sentence this time. 

When he arrived at the property at around 01:50 the following morning, the woman let him in because he was banging on the door and she didn't want to disturb her neighbours. The pair immediately started arguing over the fact she was with someone else. 

The prosecution said Lucas threw a mug at the woman but missed - while his defence lawyer said that did not happen. Whatever did happen, it led to the woman hitting Lucas in the face, something she admitted doing, but he alleged it was a more sustained assault.

After that, Lucas took a glass bottle from the kitchen, went outside and smashed it, before picking up a step ladder and throwing it. The ladder bounced and smashed a window pane in the doorway. 

Because the property is a States house, the court discussed compensation, but the cost of replacing the glass was not confirmed, so Judge Cherry McMillan decided to leave the States to pursue a claim through Petty Debts. Lucas told the court he was keen to pay this compensation and had been trying since the incident. 

Previously, he'd been given a stint in prison for harassment charges, in 2011. This time, Lucas was given 50 hours of community service as a direct alternative to one month in prison.