A drunk man who had a knife in his pocket when he punched a Bath street marshal, splitting open his eye, has been given a two-month suspended jail sentence.
Bath Magistrates’ Court heard that efforts were made by security to restrain Alex Miller, who was trying to take a bottle out of Labyrinth Nightclub at North Parade.
During the incident, which happened on 8th March, the 32-year-old punched a street marshal, giving him a bruised and bloody eye which needed glueing.
At the time, Miller had a folded pocket-knife with him, which he used legally for foraging wild garlic.
At a hearing in April, Miller pleaded guilty to assault by beating, and to having a bladed article at the nightclub without good reason or lawful authority. He was back in court last Wednesday, 25th June, for sentencing.
His solicitor Daniel Woodman said that Miller, who had no previous convictions, had himself been the victim of a previous “very serious assault” and had been self-medicating for his mental health problems by increasing his alcohol intake.
Mr Woodman said he was “not victim blaming” but Miller is “not an over-robust fellow” and there may have been a “degree of over-reaction” with five men taking him to the floor.
He said that at no stage had Miller reached for the knife, which he had forgotten was still in his pocket.
Magistrates, who read a pre-sentence report, told Miller they understood he had been the victim of an assault himself, but that did not give him reason to retaliate when someone was stopping him from taking a bottle out of a club.
They said his possession of a knife could have had “more serious consequences” and the offences were so serious that only custody could be justified.
However, they suspended the concurrent two-month sentences for 12 months, saying there was a “real chance of rehabilitation”.
Miller, of Otago Terrace in Larkhall, must undergo mental health treatment for nine months and take part in up to five rehabilitation activity days.
He was ordered to pay his victim £150 compensation and must also pay £85 prosecution costs and a surcharge of £154.
The knife will be forfeited and destroyed.
