Man avoids prison for assault

PUBLISHED: 12:21 02 September 2011

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A Lympstone man who headbutted and threw a glass at a man in a pub has been spared prison - despite being subject to a suspended sentence at the time.

Kyle Stainer, 20, of Glebelands, pleaded guilty to two counts of assault occasioning actual bodily harm at Exeter Crown Court.

The court heard that Stainer had involved himself in a dispute between two men at the First and Last pub in Exmouth.

One of the men, James Mason, had approached the other, who was drinking with a friend, to apologise for a previous dispute, and was told to go away.

Mason then returned with Stainer, who was not concerned in the dispute.

Stainer told the victim that he should fight with Mason, before headbutting him and throwing a glass at him, which ricocheted off the victim’s head and hit his friend.

The victim suffered a broken nose and a cut to the top of the head, and required two stitches.

At the time of the incident, Stainer was subject to a suspended prison sentence of 51 weeks for an attack at Lympstone Furry Dance, for which he and his brother Reece had pleaded guilty to affray.

Mitigating for Stainer, Kelly Scrivener told the court that he had responded well to treatment for anger management and an alcohol problem, and he had resumed taking his medication for ADHD, which he had not been taking at the time of the offence.

Passing sentence, Recorder John Williams said that these mitigating factors had saved Stainer from prison.

He said: “This is the most appalling case of violence – unprovoked, in drink, with a glass thrown and a headbutt.

“On the other hand, you have started to put things right against a difficult background.”

Stainer, who had arrived at court with a suitcase, was sentenced to nine months in prison, suspended for eighteen months, and made the subject of a supervision order.

He was also given a month’s curfew between 8pm and 7am on Friday, Saturday and Sunday.

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