Bartender relieved as jail term is suspended
A wave of relief and a smile passed over Aaron Glen Johnston's face after he received an 18-month jail term -- which was suspended for two years -- yesterday morning.
Johnston, 40, was found guilty on Monday in Supreme Court of unlawful wounding and possession of an offensive weapon after being acquitted of wounding Frederick Richardson, 24, with intent to cause grievous bodily harm on October 13, 1995 at the Devonshire Recreation Club.
The Warwick resident also got a concurrent six-month suspended sentence for possessing the weapon -- a knife.
Puisne Judge Richard Ground said he was worried that Johnston -- who seemed to have come to terms with a substance abuse problem he had in 1991 when he was arrested for possession of a controlled drug -- faced "a real risk that he will be de-railed''.
He said Johnston "held down a job and was a functioning member of the community until this incident occurred -- I attach great weight to that.''.
Mr. Justice Ground said he therefore felt it was appropriate to adopt the "unusual course'' of suspending the sentence.
This would have the "added advantage of providing Mr. Johnston with a continuing incentive to deal with his drug problem, rather than putting him in a position where he has lost everything,'' he added.
Witnesses told the court during the trial that Richardson became abusive and threatening when Johnston -- the club's bartender -- began closing the bar early.
At one point, the court heard, Richardson came behind the bar and punched Johnston, who retaliated by stabbing Richardson three times with a small fruit knife that was behind the bar.
Mr. Justice Ground told the court that the use of a weapon to inflict injury was a serious matter which would normally merit immediate imprisonment.
"However, it is my duty in passing sentence to have regard to the needs of the individual before me, and balance those against the public interest,'' he added.
He said Johnston was the "victim of an unprovoked violent attack'' and "has no real record for violence'' while Richardson "now regrets his bad behaviour that night''.
Richardson had apologised to Johnston from the witness box during the trial and told him he did not want to see him go to prison.
