Man sentenced for assaulting teenager

Saturday 19 May 2018

A 57-year-old man, who suffers from a memory syndrome and didn't remember grabbing a 16-year-old boy by the throat, has been released after spending 110 days in custody.

Archibald Ferguson McLean appeared in the Royal Court yesterday facing one charge of common assault, one of conduct likely to breach the peace and one of obstructing a police officer by refusing a lawful order.

Crown Advocate Richard Pedley had suggested that McLean, who had been in custody since 29 January, be imprisoned for a total of seven months. However the Bailiff, Sir William Bailhache, who was sitting with Jurats Collette Crill and Sally Sparrow, sentenced him to time served.

The Court heard that McLean suffers from Korsakoff syndrome, a chronic memory disorder caused by severe deficiency of thiamine (vitamin B-1), sometimes caused by alcohol abuse.

The assault took place in the morning of 25 January at the victim's home. The 16-year-old was asleep on the sofa when McLean started shouting at him.  He jumped onto the boy's legs and grabbed him around the neck before being pushed away.

Both the victim and his friend told the police that McLean was "the nicest man you could meet" but that since his diagnosis of Korsakoff he had changed, becoming violent and angry, especially when he does not take his medication. 

Pictured: The police were called twice the victim's home after McLean attempted to climb the balcony.

When the police arrived shortly after the incident, McLean confirmed he had not taken his medication and said he had no recollection of the incident. When he was arrested he asked: "I assaulted who?" 

Two days later, while on bail under the condition he would not return to the victim's address, McLean tried to enter the home. The police was called and saw him climbing up to the first floor balcony and banging on the windows and door of the property. He was escorted out and ordered not to return. 

A mere two hours later the police were called as McLean was again trying to climb onto the balcony. Officers found him sitting in a chair on the balcony. When he was escorted off the premises, he became uncooperative. PC Dupre said he smelt "strongly of alcohol and was unsteady on his feet; in my opinion he was drunk."

Pictured: McLean will receive adequate support at the Shelter Trust said Advocate Bell.

Crown Advocate Pedley told Court that McLean had 27 offences on his record dating, between 1969 and 2007. He described the assault as serious adding it had been aggravated by the victim’s age.

Advocate James Bell, who was defending McLean, urged the court to allow for his immediate release. He argued that the sentence for McLean's offence shouldn't be longer than five months and 14 days and that having spent 110 days in custody, McLean had served his time already. He questioned the necessity for a restraining order and urged Court not to impose one.

Pictured: The Bailiff, Sir William Bailhache, who was sitting with Jurats Collette Crill and Sally Sparrow, ordered for McLean to be released.

Returning the sentence, the Bailiff said: "Any domestic assault is serious because it's not just the assault which is a violation of the person’s liberty."

"At the same time the fact you suffer from Korsakoff syndrome causes us concern that if you don’t take medication you might not remember the order is in place." 

The Bailiff said the Court didn't want to set McLean "up to fail," urging him to take his medication and to avoid "coming into contact with drink," to make it less likely he found himself in that situation. He told McLean: "Nobody else can do those things but you. You have got to take control of your own life... You can take control of your own life. You have done so quite satisfactorily in the last 15 to 20 years, with one exception."

The Court decided to impose the restraining order, to provide "additional protection for the victim," but only for 12 months, instead of five years. The Bailiff warned McLean he could face a two-year prison sentence if he breaches his restraining order.