A 21-YEAR-OLD man who punched and throttled an older man, stamped on his head, smashed a window at his home and spat at a police officer has avoided prison “by the slimmest of margins”.
Matthew Sidney Chmielinski, who has a number of previous violent convictions, was instead sentenced to 360 hours of community service and put on probation for two years.
The offences took place on the evening of 20 May last year, the Royal Court heard, when Chmielinski and the victim were drinking together in the victim’s home in St Clement. Chmielinski said he had also taken drugs earlier that day.
Crown Advocate Emma Hollywood, prosecuting, said Chmielinski had suddenly become “extremely aggressive”.
Advocate Hollywood said: “He punched him on the head and body multiple times. The victim fell to the floor and he punched his head and body and stamped on his bed with full force. During the assault he also placed him in a choke-hold.”
She said the victim did not fight back but tried to protect himself and pleaded with Chmielinski to stop.
He eventually got away from him and fled into his laundry room, where he hid behind a bin, with Chmielinski smashing a window in the room. Advocate Hollywood said that neighbours heard the breaking of glass and called the police, who arrived at around 8pm.
Two ambulances were called – one for the victim and one for Chmielinski, who by the time they arrived was lying unconscious on the victim’s bed.
When they roused him and took him to the ambulance he shouted abuse at an officer and spat at him, with his saliva landing on the officer’s arm.
The victim had bruises to his head, neck, chest, arms and hands. The advocate added that he suffered “daily flashbacks” and was fearful of meeting people or leaving his house alone.
She said Chmielinski’s previous convictions included three for grave and criminal assault.
Advocate Hollywood added: “He has a history of failing to respond to non-custodial sentences. He is at high risk of reconviction.”
Advocate Chris Baglin, defending, said there were exceptional circumstances and that Chmielinski came from a difficult family background. However, the advocate added, Chmielinski’s behaviour and attitude had changed radically for the better since the offence.
“The offending was almost a year ago, and in that time there has been a sea change,” Advocate Baglin said.
The court also heard from Suzie Pattinson, senior practitioner with the Probation Service, who said: “Never in my experience have I seen such a turnaround.”
Commissioner Alan Binnington said the Jurats had agreed to sentence him to community service and impose a two-year probation order “by the slimmest of margins”.
They also imposed a restraining order, under which Chmielinski can have no contact with the victim for five years.
The commissioner told him: “It is up to you to repay the trust that has been placed in you.
“Should you reoffend you will be dealt with severely.”
Jurats Le Heuzé and Berry were sitting.
