A Pembroke man was dealt a suspended sentence yesterday over a 2023 altercation at the Horseshoe Bay Beach Club.

Darin Caisey, 58, was found guilty after a Magistrates’ Court trial of wounding Isaac Foy in an increased penalty zone in an incident on September 8, 2023.

At a sentencing hearing, the court heard that Mr Foy suffered a 6cm wound to his upper left back in the altercation for which he received treatment at King Edward VII Memorial Hospital before being released that same day.

Daniel Kitson-Walters, for the Crown, called for a sentence of between 14 and 18 months for the offence, but added that the Crown was not opposed to that period being suspended.

He also noted that while Caisey did have previous convictions, he had stayed out of trouble for more than 25 years with his last conviction taking place in 1999.

Nicole R. Smith, representing Caisey, also urged the court to suspend any period of incarceration, noting the circumstances of the offence.

She told the court that the incident was the culmination of two years of the complainant “accosting” her client over money which he did not believe he owed and that Mr Foy was “relentless in accosting him” on the day of the altercation.

Ms Smith said Caisey pleaded not guilty to the incident, believing he had acted in self defence, but now understood that what he had done was wrong and he should have removed himself from the situation.

She added: “Caisey has had decades without criminal conviction, which is proof positive that he has avoided trouble for some time. This incident is clearly a one-off.”

Caisey himself expressed remorse for his actions, stating that he regretted what happened and that the incident should never have happened.

He added: “I have to live with that for the rest of my life. I apologise to Mr Foy and the courts.”

Magistrate Maria Sofianos said that while the court rejected the claim that Caisey had acted in self defence, she accepted that there was some degree of provocation involved.

Ms Sofianos also noted that Caisey had spent more than five months on remand for the incident, stating that with the uplift associated with the offence occurring in an increased penalty zone the appropriate sentence would be two years.

However, she highlighted Caisey’s personal situations and expressions of remorse, stating that he could benefit from a community-based sentence.

Ms Sofianos sentenced Caisey to two years in prison, suspending that sentence for two year, and two years of probation with conditions including that Caisey take part in recommended psychological and drug treatment services.

She added: “For a long time you have been operating doing what you wanted rather than doing what you need.”

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