Tuesday, 01 September 2015

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Cumbrian soldier who assaulted man in pub spared prison

A SERVING soldier who assaulted a man in a pub has been spared prison to benefit “the country and justice”.

Judge Paul Batty: ‘Army record is to your credit’

Tyler Graham, 23, pleaded guilty to one charge of assault causing actual bodily harm at Carlisle Crown Court.

The court heard that Graham, of Briar Bank, Carlisle, had been drinking with friends on October 27 last year after returning home from the Army.

While in the Cumberland Inn on Botchergate, he was with a friend who became involved in a dispute.

The argument escalated and Graham stood between the two in an attempt to diffuse the situation, before being shoved in the back.

At this point it was accepted that he lashed out and struck the victim.

The fight then erupted and Graham’s friend punched the man, knocking him out.

Rebecca McGregor, prosecuting, said: “The victim cannot remember the incident due to being knocked unconscious.

“His wife said there was blood all over her husband’s face and her clothing.”

The court heard that the Army was supporting Graham, who is a highly-regarded sharpshooter.

Judge Paul Batty QC accepted that Graham was not the instigator of the fight, and that he initially acted as a peacemaker.

Judge Batty said: “Clearly your Army record is to your credit and it seems to me that everyone, both the country and justice, would be best served if you go back into your unit.

“It’s perfectly clear that whatever the mitigation, you lashed out at somebody that was in no position to defend himself.

“It was a disgraceful piece of violence in the heart of the city.”

Mark Shepherd, defending, said that Graham had been caught up in a fight that had nothing to do with him.

Mr Shepherd said: “It’s quite apparent that his friend wasn’t listening to him, and he’s been hit in the back by the victim.

“He accepts that he lashed out and retaliated, which he bitterly regrets.”

Graham was fined £750 and ordered to pay £500 compensation to the victim, as well as £200 prosecution costs.




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