A 78-YEAR-OLD man who got into an argument with an 85-year-old and punched him has been fined £1,000 and ordered to pay £800 in costs.
The quarrel happened on 21 February this year, the Magistrate’s Court heard, after Helier Vibert, a 78-year-old grandfather of 13, was denied access to a garage he had been allowed to use by the older man.
He made several attempts to punch the older man, who walks on crutches, with one attempt connecting.
Vibert denied the charge of common assault but was found guilty after a trial on 13 November.
Advocate Greg Herold-Howes, speaking in mitigation, argued that the offence was “at the very bottom of the scale”.
He said Vibert was on a low income, supplementing his modest pension by delivering takeaways in the evenings, so suggested an alternative to a fine.
He said: “A binding over order would serve as a suitable punishment for Mr Vibert, given his age, infirmity and financial position.”
However the Magistrate, Bridget Shaw, said his decision not to plead guilty prevented her from doing so.
She told Vibert: “It is a great shame that you end up in court at your age.
“You were warned that your not-guilty plea would lead to costs and you would not get the sentence that would otherwise have happened. That was the decision you made.”
She said she could have imposed a fine of £2,000 for the offence, but took into account his low income in reducing it to £1,000.
He was also ordered to pay £800 in court costs and allowed to pay the total at £25 per week.
