Rush Green pub supervisor who stabbed customer in 'moment of madness' spared jail
PUBLISHED: 13:46 05 February 2019 | UPDATED: 13:52 05 February 2019
A Rush Green pub supervisor who stabbed a customer in the arm in a "moment of madness" after one of England's World Cup games has been spared jail.
Jay Fleming, of Wykeham Green, Dagenham, was the designated premises supervisor (DPS) at the Havering Well pub in Rush Green Road, and in July last year, he attacked a drunk customer who was alleged to have hit his partner whilst being thrown out of the pub.
He was sentenced today (Tuesday, February 5) at Snaresbrook Crown Court, to 20 months in prison, suspended for two years, after he previously pleaded guilty to unlawful wounding.
Fleming – who had no previous convictions – was ordered to pay court costs of £1,500, compensation to the victim of £1,000, and to carry out 150 hours of unpaid work.
The victim – referred to in court only as “Mr Mitchell” – suffered a 13cm stab wound to his arm, and was left needing surgery and a skin graft to treat the wound.
Photos shown to the court showed the extent of the wound – which showed muscle tissue clearly visible after the attack.
The attack happened when Mr Mitchell was being thrown out of the pub on July 3, in the hours after England’s last 16 World Cup tie with Colombia.
In his victim statement Mr Mitchell – a scaffolder - said the injury had left him unable to work, however photos taken by Fleming’s brother-in-law showed Mr Mitchell working with a bandage around his injured arm just a few days after the attack.
Fleming, 39, who was described as a “reliable, dependable and courteous” character, attacked Mr Mitchell in the pub, after his partner Maria Summerfield, was throwing him out.
After allegedly being provoked by the victim, Fleming attacked him with a knife.
The court was told that before the incident, the father-of-three had turned the pub around, and had organised charity nights to raise money for the children’s ward at Queen’s Hospital – all of which went in favour of him avoiding prison, the judge said.
Sentencing, Judge Murray Shanks said the fact Fleming was the manager of the pub made the severity of the attack worse, however there was a lot in his favour to suspend the sentence and avoid jail.
He said: “As you were the publican you were to meant to run it [the pub] in an orderly way.
“I accept you lost that means of making a living, and since then you have been out of work, and waiting for the outcome of this before returning to work.
“More importantly you’re of good character, you have never been in trouble with the law before, and you have what we call a positive good character, and this court is packed with supporters which is always a positive sign.
“I accept there is a low risk of you re-offending, and I accept this was a single terrible mistake and there might have been some provocation.
“The fact you used a knife in these days does make me think long before suspending the sentence.
“But balancing it all and taking account of the positive references I am going to suspend.”