Wayne Batiste – whose mitigation included a glowing reference from the chief executive of Guernsey Post – was told by a judge in the Royal Court that such crimes usually result in jail but his case was ‘exceptional’.
The 32-year-old was instead sentenced to 210 hours of community service – a direct alternative to 15 months in custody.
But Commissioner Julian Clyde-Smith warned that those committing violent crimes on the streets should still expect to be sent to prison.
‘Community service is not a soft option, something which is not often understood by the public,’ the Commissioner added.
He also acknowledged that the case had taken two years to come to court and nine months for Batiste, who had returned to Guernsey having only been in the Island to visit his then girlfriend, to be made aware there was a police investigation into the mater.
Crown Advocate Christopher Baglin had earlier told the court that the delays were due to a lack of clear mechanisms in place for the islands to return suspects.
He also gave details of how the assault unfolded in Ann Street in the early hours of 13 September 2015 when the victim – a 47-year-old man who had been out celebrating a friend’s 50th birthday – intervened in an argument between Batiste and his girlfriend. The couple had been on a night out and were both drunk.
Having shouted at Mr Batiste to leave the woman alone, the victim – who had also been drinking – was then approached by the defendant who punched him in the head with both fists.
Batiste, who admitted one count of grave and criminal assault, then grabbed the victim and a scuffle ensued, in which both men fell heavily to the floor.
The defendant got up and ran away, while the victim remained on the ground having been knocked unconscious. It later emerged that as well as suffering cuts and bruises to his face and body the victim, who was only unconscious a short time, had also sustained a ‘minimally displaced fracture’ to his skull.
Advocate Jeremy Heywood, defending, later told the court it was their case that the fracture, which required nothing more than a dose of paracetamol, had most likely been caused by the fall and not the punches.
Advocate Heywood described Batiste, who has worked for Guernsey Post for 14 years and has no previous convictions, as a hardworking family man who has forged himself a successful career and now owns his own home despite leaving school without any qualifications.
He said his client had expressed sincere remorse and has voluntarily stopped drinking since the assault.
And the advocate added that the court had been sent a ‘particularly powerful’ reference from Guernsey Post chief executive Boley Smillie.
‘It speaks of Mr Batiste’s dedication, professionalism, his hard work. He is liked and respected by his colleagues. These actions are wholly outside of the character of Mr Batiste.’
Jurats Charles Blampied and Rozanne Thomas were sitting.
