Trio swerve jail after nightclub attack that left victim with "flashbacks"

Monday 19 June 2023

Three men who together attacked another man outside a nightclub have received community service orders - but warned they could have faced "substantial prison sentences".

The three 20-year-olds – Rory Paul Hamilton Askew, Jacob Maximus Lucas and Kaydee Waters – pleaded guilty to grave and criminal assault.

Lucas also pleaded guilty to possession of cocaine, cannabis and the class B drug ketamine.

Each one was sentenced to 120 hours of community service in the Magistrate's Court last week.

The Magistrate's Court saw CCTV footage of the attack, outside Ce Soir in Caledonia Place on 8 January this year, in which the three culprits attacked their victim with multiple blows.

Legal adviser Francis Burak, prosecuting, said all of them had been intoxicated at the time.

Askew had punched the victim 10 times and kicked him three times, while Lucas had landed 11 punches, holding him down as he punched him. Waters punched him twice and choked him in a headlock.

The victim was recovering from his physical injuries but Mr Burak said he still suffered psychological effects such as flashbacks, shortness of breath and social anxiety.
He added: "There is no indication it was premeditated or planned."

Advocate Chris Baglin, defending Askew, said the victim had been accused of making threats to another man before he was attacked, so suggested: "This wasn’t just violence for no reason."

But he added: "Mr Askew was remorseful after seeing the footage." He said Askew had no previous convictions and predicted: "He is a young man who won’t be before this court again."

Advocate Mike Preston, defending Lucas, said: "Mr Lucas is profoundly sorry for his involvement. He knows it was a cowardly attack. He shows genuine remorse and victim empathy."

Of the drugs possession, he said: "It was perhaps an attempt to show off or fit in."

Advocate David Steenson, defending Waters, said his client had written a heartfelt letter of apology to the victim.

He added: "Of course alcohol played a part. He has learnt his lesson in terms of alcohol."

Relief Magistrate Sarah Fitz said the three deserved little credit for their guilty pleas since the CCTV evidence proved the offences.

She said: "This was a cowardly attack of three against one. In normal circumstances, I would have no hesitation whatsoever in imposing substantial prison sentences."

But she said their young ages, lack of previous convictions and low risk of re-offending persuaded her to impose community service orders instead.