Another suspended sentence for Barry Paice of Woolton Hill for attacking same man twice
A MAN defied a suspended prison sentence for a vicious baseball bat attack – by assaulting the same victim weeks later.
Reading Crown Court heard how the victim was now living in terror.
But despite having flouted the court order, serial offender Barry Paice, of Paddock End, Woolton Hill, was handed another suspended sentence on Thursday, July 25.
Harpreet Bains, prosecuting, said Paice received the initial suspended sentence at Winchester Crown Court in February last year for attacking Daniel Whittaker with the weapon, causing him actual bodily harm.
Yet, on May 15 last year, he again confronted Mr Whittaker in Sainsbury’s in Newbury and shoved him, knocking Mr Whittaker off his feet and sending him crashing into a staff member.
Paice denied the assault, which was caught on CCTV, claiming self defence.
But the 37-year-old was convicted following a trial.
Paice also has nine previous convictions for offences including two assaults causing actual bodily harm, battery and violent disorder.
In a victim personal statement, Mr Whittaker said he was frightened to go out on his own and had developed a stutter as a result of the stress.
He added that he had had to leave his job because it was too close to Paice’s home.
Fiona Taylor, defending, said Paice was currently the sole breadwinner for the family and his children would suffer “unfathomable trauma” if he was sent to prison.
The judge, Recorder John Bate-Williams, told Paice: “A suspended sentence was imposed for a serious assault occasioning actual bodily harm – you were very fortunate, in my view, to avoid an immediate prison sentence on that occasion.”
Yet just weeks later, added the judge, “Mr Whittaker was strolling down the aisle in Sainsbury’s, wearing headphones and looking down.
“You retraced your steps and faced him; he moved to one side to avoid you.
“You were the one to turn round [and confront him]; you could quite easily have continued on your way out of the store.”
Recorder Bate-Williams went on: “You advanced on him – not once, but twice – and put your forehead against his as he tried to stand his ground.
“You then placed both your hands on his chest and pushed forcefully against him, causing him to fall into a member of staff.”
He said Paice’s “significant record” of prior convictions showed a “propensity to commit violent offences”.
Nevertheless, said the judge, he was giving Paice “one final chance” to avoid prison.
He sentenced him to two years imprisonment, suspended for 18 months.
In addition, he imposed a restraining order forbidding Paice from contacting Mr Whittaker, either directly or indirectly.