Samuel Mauger, 19 and Harry Stevens, 18, who were both 18 at the time, assaulted a man who they did not know.
The pair were part of a group of about 10 males who attacked the man, which was described as a ‘vile sight’ by one witness, and another who thought the teenagers were about to kill the man.
Mauger was sentenced by the Royal Court to 240 hours of community service as an alternative to 18 months in youth detention, and Stevens 200 hours instead of 15 months in youth detention.
‘This is Guernsey, people do not want to see a gang of 10 males attacking a single man. This is a serious matter,’ said Judge Russell Finch.
He said that had they been any older or the circumstances any different, then it would have been an immediate custodial sentence.
While the incident itself was not captured on CCTV, the moments leading up to were shown to the court.
The pair met the man along The Quay in Town.
They had engaged in ‘play fighting’ before the incident escalated into the road.
Cars using the road had to stop, one witness described it as ‘a level of violence that he had no opportunity to defend himself’.
Another said there was about 10 young males surrounding the man, whose clothing was balled up around his upper body. They were kicking him and he was unable to move.
Several witnesses identified there being two main aggressors.
The victim attempted to move to the harbour side of the road.
One witness said the victim had tried to move but could not, and ‘there was ‘clear intent to injure due to the amount of force being used’.
The complainant suffered a fractured right ankle which required surgery and healing in plaster.
He said that he had derogatory remarks made towards him and he was punched and kicked and then felt his ankle go.
His injury left him unable to work in his job in construction and he said that he would not be able to afford travel to see his son.
The attack had impacted his ability to trust people and has completely changed his life.
The defendants were identified through CCTV, media releases and police investigation.
In interview they exercised their rights to silence.
During a search of their phones, messages were found between them and their friends following the incident, including conversations about the assault and the police investigation.
Mauger said his ‘job’s gone’ and noted that the incident had taken place in the middle of the road with ‘cars waiting and everything’.
Stevens said that he only remembered hitting the complainant once and it had not been while he was already on the ground.
On Mauger’s phone, an internet search was discovered, asking ‘does an assault charge ruin your life when young?’
The court heard that with the incident involving a group of males, it was not possible to identify who did what, but that it amounted to GBH.
Defending Mauger, Advocate Samuel Steel said that his client apologised to the victim for what had happened in June.
He was ashamed and was trying to grow up. Due to them play fighting before the incident it was not entirely unprovoked, but it was alcohol-fuelled.
He was only 18 at the time and the incident was a combination of immaturity, impulse and alcohol. He had no previous convictions.
For Stevens, Advocate Oliver Fattorini said that his client was remorseful for his actions. There was no pre-planning or premeditation of the incident. There was slight provocation due to the complainant slapping him around the head during their play fight. Stevens was shocked at how quickly everything had escalated.
He said he acted on impulse. Since the incident he had stopped drinking spirits and was only drinking occasionally.
Both were ordered to pay £500 to the victim.
