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Judge slams CPS for ‘wrong’ assault charge
A JUDGE has slammed the crown prosecution service for only charging a man who glassed a doorman with common assault instead of wounding.
District judge Ian Strongman said 22-year-old George Martin should have been charged more severely after he glassed doorman Thomas Loveridge after trouble erupted inside the Brewery Tap pub in Lowesmoor, Worcester.
The doorman had to go to A&E in Worcester to have cuts glued but will be left with a small scar on the right hand side of his forehead, Worcester Magistrates Court was told.
Mr Strongman told the prosecutor: “The charge is plainly wrong. Why don’t the crown prosecution service apply their own sentencing standards?
“This most plainly is a wounding. It’s not a common assault in the least stretch of the imagination. It’s an assault with a glass causing a wound.
“I’m sick and tired of coming to court and having cases under-charged so the court cannot impose a proper sentence.”
The court was told how Martin, a civil engineer, of Blenheim Road, St John’s, Worcester, had been out at the pub with his girlfriend when an argument broke out between two females who were then surrounded by a group of men during the incident on April 29.
Door staff, including the victim, entered the pub and a woman was punched although there was no suggestion that the defendant was involved at this stage.
Mr Loveridge was hit to the right of the head with a glass by Martin and then pushed to the ground by him.
Sam Webley, prosecuting, said it was only later that Mr Loveridge realised his head was bleeding.
Martin claimed through his solicitor Paul Stanley that he had been “heavily intoxicated” and had thrown the glass because he believed his girlfriend was being assaulted and had not meant to hit the victim.
But Mr Strongman asked to see CCTV which clearly showed the defendant strike the victim with the glass still in his hand.
Mr Strongman, passing sentence, said had Martin been charged correctly he could have been facing 18 months in prison for assault occasioning actual bodily harm or wounding but his hands were tied by the crown prosecution service.
He said: “This was an unpleasant incident. The video clearly shows you take a pint glass in your hand whilst the bouncer is trying to do his job.
"You raise the glass and strike him on the back of his head and push him with sufficient force to push him to the ground.
“However, for reasons best known to themselves the CPS have charged you with common assault.”
Mr Strongman jailed Martin for four months.