A man who stamped on his victim’s head during an assault has been handed a suspended sentence.
James Gerard Maginn had previously admitted assault causing actual bodily harm after the incident on Douglas promenade.
On Thursday magistrates sentenced the 22-year-old to eight months custody, suspended for two years, and made him the subject of a two-year suspended sentence supervision order.
He was also ordered to pay £500 compensation to the victim.
We previously reported that Maginn, who lives at Oak Avenue, Douglas, got into a fight with the victim on Douglas promenade on May 30 at 11.45pm.
Maginn was said to have first pushed the man to the ground but he then got up and followed Maginn.
This prompted Maginn to throw him to the ground again, then throw punches at him and try to choke him.
A group of people witnessing the incident pulled Maginn away but he then stamped on the victim’s head which left him unresponsive and bleeding heavily from the nose.
Emergency services arrived and police found Maginn at 12.36am near 1886 bar when he was arrested.
He was said to have scrapes on his knees, elbows and knuckles.
When interviewed he answered ’no comment’ to all questions.
The victim did not wish to give a complaint statement.
Maginn is currently serving a custodial sentence for affray and is not due for release from prison until early December.
Defence advocate David Clegg asked the court to follow the recommendation of a probation report which suggested a suspended sentence supervision order as the most appropriate penalty.
Mr Clegg said that the latest offence, and the one for which Maginn was in jail, had been committed in a short period of time, April and May, and within a short time of lockdown ending.
’He has accepted his behaviour has been completely unacceptable and that he must never behave this way again,’ said the advocate.
’He will have the support of his family upon his release. He understands that alcohol is one of the roots of his problems and actively seeks support with that going forward.
’The other root is there is something underlying that changes a hardworking conscientious father into a man involved in an assault on Douglas promenade.
’It is almost a Jekyl and Hyde situation. This is a young man who needs help.’
Mr Clegg went on to say that Maginn had worked hard during lockdown as he was involved in handling contaminated Covid waste and all he could do was work and go home.
’He stressed that prison has opened his eyes,’ said the advocate. ’This is the first time he’s ever experienced custody and I would suggest it’s been a short sharp shock.
’If released after another period of custody he won’t have probation checking up on him and offering support.’
Mr Clegg added that, while it did not excuse what his client did, the victim had been the one who chased Maginn after the initial push.
Magistrates chair Ken Faragher told Maginn: ’This is no way a let-off. We could quite confidently have sent you to prison. We only suspended the sentence in the hope that what you said is true and you do intend to make yourself into a better person.’



