AN ANDOVER man has been spared prison after assaulting two women at a pub in Hook - while already serving a suspended sentence.
Brovie Tyler Smithson of Wool Grove, Andover, carried out an ‘unpleasant and cowardly’ attack against two women who had jumped in to support his girlfriend during a fight.
The 24-year-old was under the influence of alcohol, Winchester Crown Court heard today (March 12), but has been ‘engaging well’ with rehabilitation programmes since his initial sentencing for another assault offence in May 2019.
Ms Bailey, prosecuting, told the court that Smithson's suspended sentence had already ‘broken down’ on two previous occasions, for dangerous driving while under the influence, and for assaulting an emergency worker.
On the night of July 25 2020, at the Old White Hart pub on London Road Hook, Hayleigh Ambrose and Jessica Hillary stepped in to ‘intervene’ on behalf of Smithson’s partner, Georgia Taylor, during a heated disagreement between the couple.
The Advertiser understands the incident started at the White Hart hotel, and ended up at the nearby Old White Hart.
Recorder Noel Casey said Smithson ‘punched each of them to the ground’, leaving Ms Ambrose injured.
In mitigation, Mr Shilliday, defending, said: “I would ask your honour to allow the [suspended sentence] order to continue but, if not, to impose the shortest possible custodial sentence.
“[Mr Smithson] is intending to get back to work. He was a landscape gardener before, but he has identified building as an option, on the Isle of Uist in Scotland.”
He added that the probation officer does not recommend curfew due to “previous domestic issues”, and has advised that “clearly there has been really good work done in terms of the alcohol abuse, but that can relapse.”
Addressing Smithson, Recorder Casey said: “You fall to be sentenced in respect of two charges of assault by beating of two women on the 25th of July last year. At the time you were under the influence of alcohol, as you yourself admit.
“It was a really unpleasant, cowardly incident. Punching two women in any case is unacceptable. You know that. It was not just one battery, it was two, on two different women who were intervening on the behalf of your partner.
“The injury caused was serious in the context of a common assault, but at the same time it carries with it a lower culpability.
“But you do have relevant previous convictions, including a more serious matter of violence in 2016.”
The judge decided to consider the less serious assault on Ms Hillary as an “aggravating factor” in the assault on Ms Ambrose, and sentence them concurrently.
He continued: “The overall combination of factors leads me to the view that the custody threshold was crossed in the case and therefore a sentence of imprisonment must fall upon it.
“You have engaged well with integrated offender management and alcohol treatment programmes, however afterwards you relapsed.
“Your compliance has been close to outstanding. The single relapse is a serious one, but I have narrowly concluded that it would be unjust to impose an immediate sentence of custody.”
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Instead, the judge handed Smithson a three months prison sentence, suspended for two years, adding: “It is my view that the only way that the court can see you continue to stay out of trouble is to see you continue to engage with the probation service and that is the reason for the long period of suspension in this case.”
Smithson will also carry out 20 days of rehabilitation activities and pay compensation of £250 to Ms Ambrose and £100 to Ms Hillary.
Recorder Casey also dealt with the matter of Smithson’s breach of previous suspended sentence order.
“I have found it unjust to activate any of the sentence that was suspended, but I am required to vary it to make it more onerous,” he said.
He therefore fined Smithson an additional £200.
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