Lawyer to pay victim £5,000 for “violent” club assault

Friday 21 December 2018

A 30-year-old lawyer, who narrowly avoided prison after assaulting a man in a club so badly that he was left with permanent facial scars and sight problems, broke down in tears in court as he was told of the impact his attack had on the victim’s life.

New Zealand-born Daniel Robert Healy was handed a sentence of 180 hours’ community service and a £5,000 compensation order to his victim in the Royal Court this afternoon, keeping out of custody due to what was described as his “impeccable character”.

He was facing one charge of grave and criminal assault following an incident that took place on 28 July at the Drift Bar.

CCTV shown in court showed that the assault happened in the bar area as the victim tried to edge past Healy. He tried to guide Healy out of the way with a hand on his waist, saying: "Come on big boy, move out the way.”

Pictured: The incident took place at the Drift in July.

Healy then grabbed the man by the shoulder and pulled on his shirt, before slapping him four times. As Healy was walked away, the man grabbed him to face him. The CCTV then showed Healy, who was holding a glass in his right hand, striking the other man, sending glass and liquid through the air.  

The strike caused a deep, 10cm cut to the man’s left cheek and part of his ear. The impact was such that it also caused a dent on the man’s cheekbone. The cut required surgery and while the facial nerve wasn't touched, the man says his sight is still impaired by the scar. He says he has been permanently scarred both physically and mentally and the assault will never leave him. 

The Crown Advocate said that the strike had clearly been intentional, describing Healy as been the “instigator of all violence”. He argued that Healy should be jailed, and pay compensation to the victim, as well as £1,000 in prosecution costs. 

Pictured: Advocate James Bell urged the Court to impose a community service order.

Arguing that his client had already sincerely apologised to the victim, Advocate James Bell, defending, said the 30-year-old should face community service instead of a jail sentence, while also paying a compensation sum.

He said that Healy hadn’t intended to use the glass as a weapon, adding that it had been an instant reaction to the victim putting his hand on his face.

He told Court that Healy’s strike had been an instantaneous reaction to the victim’s having his hand on Healy’s face. He added, however: “This is an explanation. It is not an excuse or a justification… Mr Healy fully accepts responsibility for the injury he caused.”

Pictured: The Deputy Bailiff, Tim Le Cocq, said Court couldn't comprehend why Healy had struck the other man.

The advocate went on to explain his “mild-mannered and calm” client had since sought to apologise to his victim, liaised with the Alcohol and Drugs Service, and undertaken voluntary work with a local charity.

“This shows Mr Healy’s willingness to give something back to the community for the mistake he has made in July,” Advocate Bell said.

Returning the Court’s sentence, the Deputy Bailiff, Tim Le Cocq, who was sitting with Jurats Elizabeth Dulake and Paul Nicolle, emphasised the seriousness of the injury he had caused during what he described as “a drink-fuelled incident.” As the Deputy Bailiff spoke, the 30-year-old started quietly crying in the defendant’s box, his head down.

The Deputy Bailiff said that the Court couldn’t comprehend why Healy lashed out, but accepted that his attack was “instinctive” and that he hadn’t intended to use the glass as a weapon. 

On the grounds of his good character, the Court opted for the non-custodial equivalent of 12 months’ imprisonment, imposing 180 hours’ community service. They also ordered Healy to pay £5,000 to the victim within a month, as well as reasonable costs for the prosecution.  

The Deputy Bailiff warned Healy, who appeared relieved upon learning his sentence, that he was extremely fortunate and that “the mitigation available to you is not available to many,” he said. “It won’t be available again.”