A DRUNKEN man who launched an unprovoked attack at a Mold public house – hitting his victim twice on the head with a bottle and then kicking him while he was on the floor – has been jailed for three years.
He would have received a four-year sentence but for a plea on his behalf – by his victim.
Terry Brian Moore, 41, said to be about 6ft 7in tall and weighing about 23 stone, admitted a charge of wounding with intent to cause grievous bodily harm at an earlier hearing.
It follows an incident on the small dance floor at The Dolphin pub in the early hours of May 25.
Moore, of Bryn Garmon, Mold, was told the starting point for such an offence was six years but it would be reduced to four years because of his early guilty plea and other matters of mitigation.
Judge Philip Hughes also took an additional 12 months off after reading a statement from the victim, 21-year-old Jason Bailey, who said he appreciated the defendant needed to be punished but did not want to see him jailed.
Sentencing Moore, Mr Hughes said it had to be custody.
They were repeated blows, a bottle was used as a weapon and Moore also used his foot.
It occurred late at night on licensed premises when he was very drunk and he had previous convictions for violence.
Prosecuting barrister Matthew Dunford said the victim was on the dancefloor when the incident happened.
He was dancing with a young woman who was a friend of the family when Moore, a stranger to him, approached.
Mr Dunford said it was an “entirely unprovoked attack”.
The DJ saw Moore pick up a lager bottle and strike Mr Bailey to the head more than once.
Mr Dunford said the victim felt a blow with a lot of force, he fell against the wall and started bleeding from a wound to the head.
Fortunately, there was an off-duty fire officer on the premises and he was able to provide good first aid treatment straight away.
CCTV footage was recovered and that showed Moore pick up the bottle and use it to strike the victim to the head twice with force.
When he went to the ground Moore kicked him once.
Police arrived and arrested Moore outside as he was walking back towards The Dolphin.
He told police: “I know what it is all about. I just want to get it sorted.
“I had a scrap with a lad. I went too far. It was over a woman.”
Interviewed, he said he had been drinking all afternoon and it was not unusual for him to drink 20 pints.
He knew a girl who he had kissed in the pub and he had seen that girl dancing with another man.
Moore said he “saw red” and picked up the bottle intending to hit him over the head with it.
He said he was “gutted” at his own behaviour and had been “an idiot”.
The bottle had not broken and the wound had simply been cleaned in hospital.
In a victim impact statement, Mr Bailey said he felt at the time as if he was losing consciousness.
He had not been back to The Dolphin, which he regarded as “his local”, since.
Owen Edwards, defending, said that Moore knew that he could not rely on the letter from the complainant to keep him out of prison.
But it showed that victim did not bear him any ill-will.
Fortunately, the blow had caused the least imaginable harm, which may be down to good fortune.
“He is a very big man who lost it on a night out having not indulged in violence for many years,” said Mr Edwards.
Moore struck out twice, aimed a kick, was told by the female to stop and he did.
He walked away but returned to accept responsibility. He had been candid and admitted what he had done.
Moore was a hard-working man who had been of great assistance to his brother who suffered ill-health.
“My client, for a short moment, returned to his old ways as a young man in his 20s,” he said.
“He has expressed heartfelt guilt and remorse for his behaviour, which he knows is inexcusable.”
The court heard how in a statement, victim Mr Bailey confirmed he had written a letter to the court of his own free will.
He did not want any repercussions and did not wish to be responsible for the defendant going to prison.