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12
Sept
Harrogate man sentenced for Christmas Day assault
A Harrogate man has been sentenced for a violent assault on Christmas Day.
Nathan Bailey, 34, pleaded guilty to one count of assaulting a person thereby occasioning them actual bodily harm at Harrogate Magistrates Court on August 1.
The case was adjourned for a pre-sentence report, which was not read aloud in open court when Bailey returned for sentencing yesterday (September 11).
Mel Ibbotson, prosecuting, told the court the named victim – a male known to Bailey – had been drinking throughout Christmas Day last year, alongside the defendant and several other people.
The group returned to a property in Harrogate shortly after 5pm for Christmas lunch.
The court heard that while eating, something “triggered” Bailey, who said he had “had enough” and went upstairs.
The victim could not recall why the defendant was upset.
Ms Ibbotson said the victim “heard raised voices”, before several members of the group – including Bailey – came into the kitchen, where there was “a lot of shouting”.
The victim felt intimidated by the situation, Ms Ibbotson said, adding he then picked up a “cold pan of gravy and another pan”.
The victim then told someone to “get out”.
The court heard:
[Victim] recalls waking up on the floor and being kicked by the defendant all over the body.
The victim called the police after the assault and went to the hospital the following day.
He suffered a dislocated finger, as revealed in an X-ray, as well as redness, bruising and a cut to his head.
Ms Ibbotson said Bailey, of Regent Mount in Harrogate, told police during an interview he could not recall assaulting the victim.
He said he had consumed seven-to-eight pints that day, but accepted something must have happened due to the injuries sustained by the victim and himself.
The victim did not provide a victim impact statement.
‘He held his hands up’
Ghaz Iqbal, defending, told the court there was “no planning involved”.
“What is clear is that a significant amount of alcohol had been consumed by everyone, including the victim”, he added.
The defendant does not usually drink as much as he did that day, Mr Iqbal told the magistrates, but added this is a case “where we do not know how long it lasted as everyone was drunk”.
He also said Bailey believed someone in the group – a family member – was “in danger” at the time and "acted to protect" them. However, Mr Iqbal conceded Bailey dealt with it in “the wrong way”.
Mr Iqbal added:
He has not troubled the court for quite some time and is someone who has responsibilities.
This has taken nine months to come to court and he has not committed any further offences since. Mr Bailey does not intend on having anything to do with the complainant.
He told the court the situation is “not as clear cut” as it may seem, and reminded the magistrates there was “a lot of alcohol involved”.
“He has shown remorse and held his hands up despite not having much recollection”, Mr Iqbal added.
Bailey was sentenced to an 18-month community order, during which he must complete 20 rehabilitation activity requirement days and an 80-day alcohol abstinence monitoring requirement.
He was also ordered to pay a £120 fine, £250 in compensation to the victim, a £114 surcharge and £85 in prosecution costs.
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