Sailor in nightclub attack

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Friday, October 23, 2009
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This is Cornwall

A ROYAL Navy sailor who attacked an innocent man in a nightclub has been spared jail.

The judge told Ross Penney he was well-regarded in the Navy, and a prison sentence would end his service career.

Prosecutor Eoin McCarthy described how the victim and his girlfriend were dancing in Reflex nightclub in Union Street at around 1am on May 23 when Penney began banging into people and the woman's handbag strap was broken.

The victim pushed Penney away from behind, but Penney turned and butted him without warning, causing a nosebleed.

He then threw a glass at his head from about a metre, the court heard.

The victim saw it coming but couldn't avoid it, and it hit his left eyebrow, causing a cut which later needed three stitches in hospital.

Penney later pleaded guilty to assault causing actual bodily harm.

Mr McCarthy said Penney, aged 24 and from Lower Tregantle, Torpoint, had previous convictions for criminal damage, a minor public order offence, battery and three common assaults.

Ali Rafati, for Penney, said the Royal Navy wanted to keep him, as he had a fairly good track record in the service, but might conclude he was not suitable for responsible situations if he had a short temper and could not control his drinking.

He said Penney, whose marriage had failed, drank heavily on the night of the offence after failing to negotiate seeing his daughter on her birthday. "It was a busy club and there was some pushing and shoving but he completely over-reacted," he said.

Mr Rafati said his client accepted he had caused the injuries, and was an intelligent man from a good background who cherished his career.

Dark-haired Penney, an Able Rating currently based ashore in Portsmouth, appeared in Plymouth Crown Court smartly dressed in a dark suit and tie with a pale blue shirt.

He listened attentively as Judge Francis Gilbert QC told him: "This behaviour was totally and utterly out of order.

"Butting is a nasty thing to do and can cause nasty injuries," the judge said.

"Throwing a glass is an extremely serious matter which can cause far more serious injuries, including facial scarring, which you wouldn't like happening to you."

He said Penney had been in the Royal Navy for four years but had gone off the rails, possibly due to his marriage break-up.

Judge Gilbert added: "It is in the public interest for you to continue your career and revert to your former good behaviour.

"I hope you will not lose your career, but I am fining you a substantial sum to reflect the severity of what you did."

He ordered Penney, who earns around £1,200 a month, to pay a £1,000 fine, £500 compensation to his victim and £350 prosecution costs, facing 28 days in prison for any missed payment.

He added: "This punishment is intended to be painful."

A Royal Navy spokesman said later: "This is a matter between Mr Penney and his employer."

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