TWO men who attacked another man in a town bar in a “gruesome” incident – with one of the assailants biting off part of the victim’s ear – have been sent to prison for a combined total of five years for their “appalling act of violence”.
The Royal Court heard yesterday that the 34-year-old victim was now “permanently disfigured” after the attack in St James Wine Bar on the night of 30 November last year.
The attacker who bit off part of his ear, 37-year-old Daniel Martyn Neville Howe, was jailed for three years, while the other assailant, 40-year-old Brett Gill, received a two-year sentence.
When the States police arrived following the assault, one officer found part of the victim’s ear on the dancefloor.
Crown Advocate Lauren Hallam, prosecuting, told the court that Howe and Gill – both from Sheffield – were in the Island for work and were staying at the Premier Inn on Bath Street.
They had been drinking in the bar on the night in question when the victim took a step off the dancefloor, Gill pushed him in the back and the victim reacted by throwing his drink over him.
Gill then threw his glass and its contents at the victim.
The court heard Howe tripped the victim up, knocking him to the ground. The victim fell and briefly landed on top of Howe, but Gill pulled him onto the floor, allowing Howe to get on top of him and bite his ear.
The victim remembered one man hitting him and the other “chewing” his ear. Howe, Gill and the victim were all ejected from the premises, but Advocate Hallam said that within 15 seconds they continued their assault.
The victim heard one of them repeatedly saying: “I’m going to bite his f***ing nose off.”
Both attackers were arrested at the Premier Inn in the early hours of the morning.
The victim was taken to Hospital, where he was treated for extensive cuts and bruises as well as the severed ear. It was reattached during a 2½-hour operation, but the surgeon said that the severed part had not reconnected to the blood supply and did not survive. The court heard it had resulted in “significant cosmetic deformity and permanent disability”.
Daniel Howe. (39792442)
Advocate Hallam added that both men had multiple previous convictions for violence in the UK.
Howe had convictions for 11 offences, including actual bodily harm and battery. Gill had 34 convictions, including actual bodily harm, grievous bodily harm, battery and common assault.
They both entered guilty pleas to the grave and criminal assault charge on their first appearance in the Magistrate’s Court on 3 December and were remanded in custody.
Advocate Hallam said Gill and Howe were both deemed to be at high risk of reconviction, and recommended sentences of 3½ years for both.
She said: “This was an appalling act of violence in a public space which resulted in permanent disfigurement.”
Advocate Stephen Wauchope, defending Howe, conceded that the incident was “gruesome” but said: “It was not a premeditated attack.
“Mr Howe is extremely remorseful. He is very saddened by the failure of the operation to reattach the victim’s ear.”
Advocate Allana Binnie, defending Gill, argued that her client deserved a shorter sentence than Howe, saying: “He was not directly responsible for the more serious injury.
“There was grabbing and pushing. There was no evidence of punching or kicking.”
Howe was ordered to pay £734 in compensation while Gill was told to pay £489.
Following the sentencing, Detective Chief Inspector Mark Hafey said: “The police, supported by licensed-premises staff, will work together to ensure that those who commit such crimes are held to account.
“We, along with partners, are committed to maintaining a safe environment for everyone and will take all necessary measures to prevent and address violent behaviour.”
The Bailiff, Sir Timothy Le Cocq, was presiding, with Jurats Berry and Opfermann sitting.
