A MAN who became involved in an altercation at a Bournemouth town centre Wetherspoon pub before spitting at a police officer has avoided an immediate prison sentence.
Daniel Matthew Johnson pleaded guilty to committing the affray and assault by beating offences at the Moon in the Square in Exeter Road in August last year.
A sentencing hearing at Bournemouth Crown Court on Friday, May 27, heard that a verbal confrontation started between Johnson and a group in the venue, who had questioned why the defendant was staring at other people.
Johnson, aged 32 and of Lansdowne Road, Bournemouth, was said to be “mouthing off and becoming aggressive”.
One member of the group, James Schofield, aged in his 20s and from Ringwood, said to Johnson: “What’s your problem? If you are such a big man, why do you have such small legs.”
“I will come over when I have finished my beer," Johnson replied.
The two men subsequently squared up to each other and the defendant threatened Mr Schofield with a broken glass that was in his hand.
The defendant threw a punch which “grazed” Mr Schofield.
Prosecuting, Stuart Ellacott said pub security intervened, with Johnson taken to the ground and detained.
Police arrived and while they were cuffing the defendant he assaulted PC Erica Weldon.
Mr Ellacott said the officer’s statement said she was directly in front of the offender when “I heard him hurling up some spit and he spat directly at me.”
PC Weldon was able to raise her arm and block the spittle, which landed on her bare skin.
Tom Evans, mitigating, said character references showed Johnson was “hardworking”, “generous” and “a positive member of society”.
“My client has historically used drink as a coping mechanism and when in drink he has a history of making poor decisions,” said Mr Evans.
The barrister said significant strides had been taken by the defendant to tackle his alcohol problem.
“The public at large would be much better protected if he is able to continue that good progress,” Mr Evans said.
He added that there was a “good chance” Johnson would not trouble the courts again.
Sentencing judge Recorder Tom Brown accepted the defendant was subject to a “degree of provocation” but added: “That does not for a minute excuse what you did.”
The judge said there was a realistic prospect of rehabilitation if Johnson continued to abstain from drinking alcohol.
The defendant was sentenced to six months’ imprisonment, suspended for two years, with a requirement to carry out 20 rehabilitation activity days, to complete 60 hours of unpaid work and to take part in a Thinking Skills programme.
He was also ordered to pay £350 compensation to PC Weldon.
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