A MAN who pretended to be unconscious before leaping off a stretcher and rugby-tackling a “valued and experienced” doctor has had his appeal against an assault conviction thrown out.
Ian Agostini was sentenced to six months’ imprisonment in the Magistrate’s Court on one charge of assault. In August, he asked the Court of Appeal to give him a community service order instead.
Agostini had called emergency services on 29 November 2024. When they found him on New Street, he was in “an apparent unconscious state” and taken to hospital.
He told the forensic medical examiner that he was “pretending” to be unconscious – but denied this in court.
The Royal Court, which rules on Magistrate’s Court appeals, heard that when a doctor performed checks at the hospital, Agostini showed “verbal aggression” and “physical lashing out” against the doctor treating him, the court heard.
When the doctor turned away to speak to paramedics, Agostini “leapt off the trolley and was punching out and grabbing” the doctor and “attempted to rugby-tackle” him, according to the Royal Court judgment.
The assault was described as “violent” and Agostini “needed to be restrained by other members of staff”, while the doctor suffered “profound and long-lasting” psychological consequences from the assault.
Advocate Paul Nicholls, representing Agostini, said his client might not have received a custodial sentence in the Royal Court. Agostini lost his job in finance as a result of the assault, he said.
In delivering the Royal Court’s judgment, the Bailiff, Sir Timothy Le Cocq, said Agostini “had without any provocation attacked a doctor who was doing his duty in trying to help [him]”.
He added: “The doctor was injured and that injury had painful and long-lasting consequences and difficulties for the doctor in returning to work.
“Owing to this event the Accident and Emergency Department has been deprived, for a period, of a valued and experienced doctor.”
The Court of Appeal found that the sentence was within the guidelines and dismissed the appeal.
Sir Timothy was presiding with Jurats Jane Ronge and David Le Heuzé sitting.
