A MAN who kicked another man in the head in a fight as his victim lay on the ground has been sentenced to 90 hours of community service and put on probation for six months.
Assistant Magistrate Peter Harris told Sean Wesley Cutt that if the victim had suffered lasting injuries he could have sent him to prison.
St Helier Centenier Paul Davies told the Magistrate’s Court that there had been several witnesses to the fight between the two men, in the town centre on 10 May at 6.30pm.
He said: ‘They were seen grappling and punching and then one fell to the floor. Cutt was kicking him in the head while he was on the ground and no threat to him.’
Cutt (31) admitted grave and criminal assault.
Advocate Nicholas Mière, defending, said there had been ‘significant provocation’ before the fight broke out and that Cutt suffered injuries such as bite marks and bruises.
He said his behaviour had been out of character. And he pointed out that at Christmas in 2021 Cutt himself had been the victim of an unprovoked attack, which left him with injuries.
‘Sometimes aggression is borne out of fear,’ he said.
The Assistant Magistrate told Cutt that he was being spared jail because of his early guilty plea, his lack of previous convictions and the fact that the victim’s injuries had not proved long-term.
But he said: ‘You need to be aware that violence like this, and where alcohol is involved, could result in prison.’
