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Poole victim of beating wins legal battle

8:00am Tuesday 10th November 2009


A MAN who was badly beaten in his home – but saw his attacker walk away with a caution – has won his legal battle for justice.

John Guest was left bloodied and bruised by the harrowing assault in his home in Penn Hill, Poole, in April last year.

He told the Daily Echo he was punched and kicked and doctors told him he now has a far greater risk of glaucoma as result of the attack. But his assailant, Christopher Roy Watts, was given a conditional caution and told to pay compensation of just £200 – not enough to cover the damage done to Mr Guest’s home.

The 52-year-old said he was left feeling “complete anger and bewilderment” at the decision. “I decided I wasn’t going to let it go until I got justice,” he added.

He took the case to a judicial review and in March a landmark decision by two judges stripped his attacker of the conditional caution.

In September, the case finally came before the courts and Watts, then 51 and of Surrey Road, Bournemouth, pleaded guilty and was convicted of actual bodily harm (ABH.) He was given a six-week suspended jail sentence and ordered to pay £1,000 compensation to Mr Guest.

The case featured in a hard-hitting Panorama documentary on BBC 1 last night, which revealed 39,000 cases of ABH resulted in a caution last year.

“Don’t turn around and say we are strong on law and order when it’s patently obvious we are not,” added Mr Guest. “Criminals who are violent are being let off. ABH is not cautionable.”

Dorset Police confirmed Christopher Watts had originally received a conditional caution for common assault – a decision made by the Crown Prosecution Service (CPS), after consultation with Dorset Police officers. A spokesman said: “Both the Dorset CPS and Dorset Police agree that this was a wrong decision and Mr Watts was subsequently prosecuted for an offence of causing Mr Guest actual bodily harm.

“Mr Guest has received an apology for the original decision from Dorset Police and we have confirmed that this case was not suitable for such an outcome.

“New procedures have been put in place to ensure that similar cases are not considered for this type of ‘out of court disposal’ in the future.”


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Your Say YourEcho

bofors, bournemouth says...
8:17am Tue 10 Nov 09

On july 5th i was assaulted,i reported it to the the police who were right on the spot,and was told i had made it up,i am 75 and disabled.I do not lie.The POLICE WERE WRONG AGAIN.I am still very upset

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rainbowkisses, Bournemouth says...
8:23am Tue 10 Nov 09

I disagree, the Government have shown themselves to be tough on crime.... but only when committed by people who have had enough and stood up for themselves. Then watch the forces of law and order move. "Tough on Crime". If it wasn't so tragic, I would laugh. But it's no laughing matter to the tens of thousands of people feeling let down by the system. People don't want to hear how full the prisons are, or how better it is for the criminal to be treated humanely and fairly, hoping that they won't offend again. People want the decision or not to prosecute, put back into the hands of the Police, out of the hands of pen pushers who sole job is to save the Government money.They will very rarely prosecute "minor" crime if the criminal indicates they will be going not guilty. CPS worry about the cost, and a trial is costly. We have sent thousands of lads/lasses off to other countries to fight, yet we live in a war zone ourselves. The Government fail to see this. I suggest no conman, trying to get elected next year, comes out with the words, "tough on crime." It will backfire. We have all seen what they mean when they say that.

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Grumpy Griff, Christchurch says...
8:53am Tue 10 Nov 09

The whole problem is that the Government are not tough on crime.

This country is falling apart at the seams and will only get worse.

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borednow, Christchurch says...
9:42am Tue 10 Nov 09

I just want to congratulate Mr Guest on sticking with his quest for justice. It would have been very easy to give up and accept the pathetic sentence originally given to his cowardly attacker, but Mr Guest is obviously made of stronger stuff. If only the law-makers of this country were made of it as well.

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rayc, Wimborne says...
9:49am Tue 10 Nov 09

I agree with all of that. Dorset Police should be ashamed of themselves for issuing a caution for this assault.

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Dorset Mitch, Dorset says...
10:47am Tue 10 Nov 09

I am guessing the Police cannot issue criminals with how much compensation they must pay. Assuming this then the Courts would of had to do it. Therefore its got naff all to do with the police about the caution as the courts would of given this. If my assumtion is wrong then sorry. I am fed up hearing Dorset Police are rubbish. The police (like the armed forces) are fighting with one armed tied behind thier back. Sooner protection moves from the accused to the victim the better...not a police thing a goverment thing.

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samsmith, Dorset says...
10:50am Tue 10 Nov 09

rayc wrote:
I agree with all of that. Dorset Police should be ashamed of themselves for issuing a caution for this assault.
Only the CPS can issue a conditional caution.


Rayc: get your facts right.

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rayc, Wimborne says...
11:15am Tue 10 Nov 09

samsmith wrote:
rayc wrote: I agree with all of that. Dorset Police should be ashamed of themselves for issuing a caution for this assault.
Only the CPS can issue a conditional caution. Rayc: get your facts right.
These are the facts:
"a decision made by the Crown Prosecution Service (CPS), after consultation with Dorset Police officers"

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colin 50, bournemouth says...
11:18am Tue 10 Nov 09

whilst i agree the police have a very difficut job further complicated by central government, cps,and judges who are way past sell by date in age and logic, from my own experience dorset police and in particular christchurch police have not the time or inclination to follow up on crimes committed in the rural areas,i am still waiting for the officer who said he would be in contact regarding the incident i reported, and new information regarding who was probably responsible i had obtained,this was over 3years ago,

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rayc, Wimborne says...
11:22am Tue 10 Nov 09

Dorset Mitch wrote:
I am guessing the Police cannot issue criminals with how much compensation they must pay. Assuming this then the Courts would of had to do it. Therefore its got naff all to do with the police about the caution as the courts would of given this. If my assumtion is wrong then sorry. I am fed up hearing Dorset Police are rubbish. The police (like the armed forces) are fighting with one armed tied behind thier back. Sooner protection moves from the accused to the victim the better...not a police thing a goverment thing.
The original compensation of £200 had naff all to do with the courts as the case never got that far.

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ekimnoslen, says...
11:32am Tue 10 Nov 09

It is simple. Whilst none violent crimes might be dealt with by a caution or similar, ALL crimes involving violence to other persons should, unless there are mitigating circumstances, carry a mandatory gaol sentence, NOT suspended. The public disapprove of crime generally but are most fearful of being assaulted.

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djd, bournemouth says...
12:36pm Tue 10 Nov 09

Good on Mr Guest for not accepting the decision.
I watched the Panorama programme last night.
The decisions must be politically encouraged so the Court system and prison system is not blocked up.
Whatever happened to this Government's pledge 'tough on crime' ????
Made me seethe to see some of those injuries being dealt with by a caution.
Whatever happened to justice for the victim ????

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BrianBrain, Ferndown says...
12:44pm Tue 10 Nov 09

I am pleased that Justice has sort of been done for this chap.

However the problem lies in the CPS who are government controlled being told don’t lock people up because it affects the nations crime figures.

Cautions and all let off’s do not appear on the figures used to produce crime statistics hence why the government can say the “Figures” have gone down. It’s because government has told CPS not to proceed unless they have no option to I.E. independent witness or it affects someone with some political clout.

There is no such thing as a minor or victimless crime they all effect the person / business on the end of the crime so to stop crime we need to punish harshly and in doing so make **** sure that criminal activity is not only punished by incarceration but more importantly financially to the criminal.

We need to move to a three strikes and a minimum sentence system for all criminals and stop being so **** wet about punishing people for crime.

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charley farley west parley, bournemouth says...
2:29pm Tue 10 Nov 09

Its time people receive the sentence they deserve.I think people working in the justice system become desensatised to crimes that would appear far more serious to members of the public.
If someone caused me and my property harm i would expect it to be taken very seriously by the police,cps and judges.

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Bob49, Bournemouth says...
3:21pm Tue 10 Nov 09

ekimnoslen wrote:
It is simple. Whilst none violent crimes might be dealt with by a caution or similar, ALL crimes involving violence to other persons should, unless there are mitigating circumstances, carry a mandatory gaol sentence, NOT suspended. The public disapprove of crime generally but are most fearful of being assaulted.
" unless there are mitigating circumstance"

So there we have it. String 'em all up ...... except, maybe.
Monty Python's The Life of Brian ably parodied this wooly minded think with the 'What have the Romans done for us'. As you accept they must be allowed mitigating circumstances then who is going to decide these. As I doubt many on here know the full circumstances of this case it is yet another example of the media inflaming simple people who need a ready scapegoat to explain the bits of life that are a little too complex for them.

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Dorset Mitch, Dorset says...
3:53pm Tue 10 Nov 09

Rayc, still has naff all to do with Dorset Police, they just went for a caution....


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djd, bournemouth says...
4:44pm Tue 10 Nov 09

Isn't the problem now the fact that the first question asked is 'How much will it cost' ??

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poolebabe, poole says...
6:55pm Tue 10 Nov 09

I have a lot of admiration for this man. He shouldn't have to seek his own justice (although I still feel it's a lean sentance) Good on him for standing up for himself!

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The Seasider, Poole says...
7:46pm Tue 10 Nov 09

Well done to Mr Guest. It is just a shame that the biggest battle victims of crime have is in trying to get the police to investigate the crime and trying to get the CPS (Criminal Protection Service) to prosecute it..Incidentally Cautions ARE counted in the official figures, and ARE considered a 'Primary Clear - Up' , exactly the same as a case which is Charged. THAT is why cautions are so popular with the police and CPS- they both get a tick in the box saying it was a succesful outcome, without the time and expense of prosecuting and going to court. .IF cautions were not counted as a clear up, then Mr Guests case, along with 39,000 others would have gone to court, and the Magistrates or Judge could decide what the suitable sentencing case disposal should be. This, ofcourse, the way it should be.

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Buttler, says...
8:01pm Tue 10 Nov 09

rayc wrote:
samsmith wrote:
rayc wrote: I agree with all of that. Dorset Police should be ashamed of themselves for issuing a caution for this assault.
Only the CPS can issue a conditional caution. Rayc: get your facts right.
These are the facts: "a decision made by the Crown Prosecution Service (CPS), after consultation with Dorset Police officers"
Take it from me, the CPS do as they are told by the police, the police decide

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Dorsetbaby, Poole says...
8:18pm Tue 10 Nov 09

I was beaten on my own front door step by a neighbour in front of my two year old daughter, many years ago now. She was fined £50 and told to behave herself for 12 months. The day after she attacked another neighbour who came to court as a witness for me and nothing was done. Thankfully she is now surviving life for Murder. It is about time these people got sorted out. You can not just go around hittng who ever you please and then walk away with a slap on the hand. As she has proved. Many times it leads up to much worse events.

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gudmenrmist, wimborne says...
9:22pm Tue 10 Nov 09

I also have great admiration concerning Mr guests action. I made a successful complaint concerning a very senior officer in Dorset Police but the IPCC deemed no further action was necessary, one Quango protecting another me-thinks. A far more worrying aspect was the fact that when I contacted the LAW SOCIETY for advice concerning the appointment of a Solicitor to represent me in an action against the Police they were unable to recommend anyone this side of London. For the record there were three in the capitol some in B/Ham also Manchester and Cumbria NO WHERE ELSE but as one of my offspring pointed out we do live in a country where it is not unlawful to kill an unarmed Brazilian electrician!

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Old Boscombe Lad, Langley, British Columbia, Canada says...
6:06am Wed 11 Nov 09

You're not alone. We have the same problem here in British Columbia Canada. The police haul them in and the judges let them go. I guess it's cheaper to let them go than to spend money keeping them in jail for months or years on end.

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Old Boscombe Lad, Langley, British Columbia, Canada says...
6:07am Wed 11 Nov 09

You're not alone. We have the same problem here in British Columbia Canada. The police haul them in and the judges let them go. I guess it's cheaper to let them go than to spend money keeping them in jail for months or years on end.

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poolebabe, poole says...
7:55am Wed 11 Nov 09

It isn't unusual though sadly. A few years ago I was kicked in the face in a nightclub. I got a nasty split on my nose that scarred me for life. They caught the girl, but she claimed I retaliated and had a bump to the head and the police said if I pressed charges, she would do counter charges. They told me that I was unlikely to win and could end up with a record of my own. I had a professional job, and even though I knew I was innocent, that gave me doubts so I give up. They claimed there was no CCTV evidence and no other witnesses other than the group I was in, and the group she was in. Depite my injury, it came down to her word against mine.
.

Ging back even further, my husband was bottled on the back of his head in a totally unprovoked attack. He had 7 stitches in his head, 4 in his neck, then a haematoma that he had to have cut out. They caught the gang responsible, who also slashed the tires on the car, smashed out the back windscreen to stop him getting away, and because they couldn't identify the individual that hurt my husband as he was attacked from behind whilst getting in a car, and caused damage to the car, they didn't press charges on anyone.
.
I know they have a difficult job to do, but this isn't new news, for years they have had their hands tied.

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safety first, Poole says...
6:55pm Thu 12 Nov 09

It's time for us to turn back the clocks. Prisons should be a place for punishment. Every new Prisoner should be given 1 chance only depending on their crime to rehabilitate and learn new skills to get them into a job upon their release. if they commit a crime within a set period of time no matter how small the crime is then they should be sentenced to Hard Labour. All other persistent criminals hard labour solitary confinement no Televisions no recreational gyms so they can improve their fitness which would increase their chances of overpowering the prison guards. lets rebuild prisons in remote locations to make escape harder and start teaching crimes especially violent crimes will be dealt with severely no more Mr. nice politically correct nice person. Let’s stop working on that the criminal is the victim and the victim is the criminal that’s our society today and its getting worse. Let’s follow this person’s idea check the link I think this makes complete sense. Victorian style prisons and punishment should come back. Then maybe we will have a better society to live in. http://www.mcso.org/
index.php?a=GetModul
e&mn=sheriff_bio

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BATTLE FOR JUSTICE: John Guest BATTLE FOR JUSTICE: John Guest


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