Enniskillen Court House, RMGFH04
A MAN who hit a female work colleague in the face after she made a comment about his jumper has been given a suspended prison sentence.
Andrew Davies (42) of The Commons, Bellanaleck appeared at Enniskillen Magistrates Court on Monday charged with assault causing actual bodily harm following the incident at Charlie’s Bar, Enniskillen on September 27.
The court was told Davies was out socialising with friends and went to chat to a work colleague, the injured party.
The pair were “having a bit of banter” when the woman made a joke about Davies jumper. Davies lashed out at the woman, hitting her in the face and injuring her nose.
The woman was taken to hospital where she received five stitches to her nose. She also suffered bruising to both eyes, swelling to her nose and tenderness to her neck.
When interviewed by police the next day, Davies said he held his hands up and admitted hitting the woman. Defence solicitor Bernard Corrigan said Davies, who hails from England but has been living in Fermanagh for 11 years, had no criminal record in either jurisdiction. He said it was “unfortunate” the father-of-one now found himself in court, and said Davies actions had caused him considerable anxiety as he felt he had let down his young son.
Mr Corrigan said Davies had been cooperative with police and explained he still worked at the local store along with the injured party but had not come in contact with her since the incident as he worked night shift.
He said on the night of the incident all parties had been drinking, and while the woman’s comment was no justification for what Davies had done, he said the defendant’s actions should be seen in context.
Mr Corrigan said Davies was genuinely remorseful and accepted his actions were disproportionate. He added the defendant had asked him to apologise to the woman, to the police, and to anyone else involved on his behalf.
District Judge Nigel Broderick said anyone who strikes someone else and caused injury could expect a custodial sentence, and said the incident was aggravated by the fact Davies had struck a woman. He said no matter what the woman had said to Davies, there was no justification for what he had done.
Judge Broderick said if not for the fact Davies had a young son, had entered an early guilty plea, and was in employment he would be sending him to prison. He said if Davies was given a custodial sentence he would be unable to earn money to pay compensation to the injured party.
He ordered Davies to pay her a total of £1,000, adding that in his view that was not the final amount she was entitled to but that it was a mater for the woman to take a compensation claim further.
Judge Broderick sentenced Davies to six months in prison, suspended for two years.
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