Man jailed for breaking victim's jaw in drunken scuffle

Sunday 04 February 2018

A man with a record of violent offences has been jailed for 15 months after he broke a man’s jaw while on a night out last summer.

David Anthony Poingdestre (27) was ordered by the Royal Court to pay £5,000 to his victim, who is still suffering from the injury and might need orthodontic work in future.

On the day of the incident in August last year, the two men had been out drinking in town separately. They both started shoving and pushing each other outside Chambers around 00:45 before being separated by Police and sent in opposite directions.

Later on, Poingdestre, who had been outside Tanguy's nightclub smoking a cigarette, approached the victim and his girlfriend as they stood at the junction of Broad Street and Mulcaster Street. The Court heard that "words were spoken" between the three and that the victim's girlfriend stood between him and Poingdestre.

As the victim moved closer towards Poingdestre, he swung his left hand and punched him to the right of his face.

CCTV of the area shows the victim stumbling backwards after being punched and holding his face. As the defendant heads down Bond Street, the victim is seen spitting and touching his face. "My mouth just exploded with blood and the pain was immense, the worst I have ever felt,” the victim explained. 

Pictured: Before the main assault, Poingdestre also engaged in shoving and pushing with the victim outside Chambers. (Google Maps)

Police and an ambulance soon arrived and the victim was taken to A&E. Poingdestre was caught shortly after as he ran towards Conway Street. 

Medical examinations found that the victim had a serious fracture to the right side of his jaw, and that the nerves to his lower lip had been damaged. The injury required surgery, including the insertion of two plates and screws on each side of the jaw.

Prosecuting, Crown Advocate Conrad Yates told the Court: "The Victim has suffered tooth displacement, a non-union of fracture between the lower left second premolar and molar, reduced vitality response with the lower teeth and lip." He added that the numbness in his lip might persist.

The Court, presided over by the Bailiff Sir William Bailhache, heard that this was Poingdestre’s fourth conviction for violent offences. He also noted that he had a good employment record, positive family relationships. The defendant was said to “not pose a risk to others when he is sober”; his offending instead the result of his impulsivity and drinking habits.

Advocate Yates added that the incident affected many aspects of the victim's life and that he had problems sleeping and was now worried about going out. He recommended a £3,000 compensation order and an 18-month prison sentence.

Advocate Mark Boothman, defending, urged the Court to consider a community service order. He said that Poingdestre was remorseful and appalled by what he had done. 

Pictured: The Bailiff said that there were no exceptional circumstances in Poingdestre's case to avoid a prison sentence.

He described Poingdestre as a hard-working man who had behaved in an exemplary way since the altercation. He said: "He does not know his own strength... He has realised he cannot be trusted to consume alcohol and go in town and he has cut down on alcohol. He has a great desire to work hard to make it a success."

Advocate Boothman gave the court a bundle of "highly supportive" reference letters and urged court not to send Poingdestre to jail to allow him to continue working on his business. He said the business, which Poingdestre runs with his friends and family, would suffer as well as the people involved in it, who had no connection with the assault.

Returning his sentence, the Bailiff, who sat with Jurats Collette Crill and Rozanne Thomas, told Poingdestre that there were no exceptional circumstances in his case to allow Court to consider a non-custodial sentence. He said: "This was an unprovoked assault, late at night, on the streets of St. Helier while you were under the influence of alcohol." 

He added that, when sentenced to community service for a grave and criminal assault in 2013, Poingdestre had been warned not to appear again in Court for the same offence. "You were told you were fortunate... And here we are, another occasion like this were you had been drinking and committed an assault."

After his prison sentence, Poingdestre will have 12 months to pay compensation to the victim upon his release. He will also be excluded from licensed premises for 12 months. 

Before Poingdestre left Court, the Bailiff added: "You drink and then commit offences. Your counsel says you have realised this and we hope this is true because it is a question that you must keep yourself under control when you are drinking."