A solicitor whose 20-year-old client punched a young woman in the face in a Bath nightclub will be appealing against the £3,080 compensation that magistrates have ordered him to pay his victim.
The Labyrinth nightclub in the centre of Bath
Ethan Clarke, of Clare Gardens at Odd Down, had pleaded guilty to the assault causing actual bodily harm at Labyrinth in North Parade on 1st June.
When Clarke first appeared at Bath Magistrates’ Court on 1st October, the bench adjourned the case for the Probation Service to prepare a report.
Clarke was back in court last Wednesday, 29th October, to be sentenced.
The young woman, who had been out celebrating her graduation, had been in the club’s smoking area and was planning to make a TikTok video when the assault occurred. The defendant and victim were not known to each other.
The victim was at Clarke’s first hearing and had intended to be at his sentencing to tell the magistrates of the impact of Clarke’s assault on her. However, the first hearing had left her too upset to return.
Hester Jenkins, for the Crown Prosecution Service, read out statements from the victim who suffered cuts and bruises and was initially told that her nose was not broken but had since been told at the Royal United Hospital that her nose was likely broken.
She may need surgery as she has had ongoing issues with her nose. One nostril is smaller than the other and she has scar tissue.
She also said how the lump on her nose has knocked her confidence and how the assault has left her “panicky and anxious”. She has not been clubbing since.
The victim had been unable to do shifts at work in the days after the assault and had lost £350 in earnings.
Representing Clarke, who works as a roofer and was of previous good character, solicitor Nicola Hutchinson said he had been “extremely down” on the day due to the anniversary of his grandfather’s death.
She said he had been out with friends and his girlfriend to Labyrinth and had indicated that the complainant had come up to him and punched him first, which he had reported to security, but they had “shrugged their shoulders” and told him to get on with the evening.
Clarke had subsequently tipped a drink over the woman, and she had responded by doing the same. Miss Hutchinson said that Clarke suffers from OCD (obsessive compulsive disorder) and being wet had caused anxiety and he had punched her.
She said Clarke’s friends had told him to leave after the assault, but he had done the right thing and stayed for the police and ambulance.
Miss Hutchinson added that Clarke has shown genuine remorse. He had been “in drink” at the time of the incident and has not touched alcohol since and has not been going out.
As well as reading the pre-sentence report, magistrates were also given a character reference for Clarke.
As well as making the compensation order, magistrates imposed a community order under which Clarke must complete 120 hours of unpaid work within 12 months and take part in up to 15 rehabilitation activity requirement (RAR) days.
He was also ordered to pay £85 prosecution costs but the magistrates did not order a surcharge, which goes towards funding victim services. saying they were prioritising compensation.
After they had delivered their sentence, Miss Hutchinson rose to ask the magistrates to reconsider the high amount of compensation as there was no X-ray to show that the young woman’s nose was broken.
But after retiring to consider her request, the magistrates said their decision stood. They had considered the facts as presented, including personal statements from the victim and a doctor’s statement saying the injury “likely caused a fracture”.
They found factually that a fracture had occurred and had used the sentencing guidelines based on that finding to award the sum of £3,080.
Miss Hutchinson said she would be appealing the level of compensation at Bristol Crown Court.
