A 27-year old man who bit off a chunk of another man’s ear during a fight on a residential street in Belfast was spared jail today (Tuesday).
Brian Davey admitted wounding the injured party on November 30 last year and was handed a 16-month sentence which was suspended for two years.
Judge Peter Irvine KC also imposed a two-year restraining order which bans Davey from contacting the injured party who sustained a “significant” injury to his left ear which has resulted in permanent disfigurement.
Belfast Crown Court heard that on the afternoon of November 30, 2022 the injured party was making his way along Hawthorn Street when he encountered Davey and a second man.
The three had been involved in a row earlier that day and following a second argument, a fight broke on Harrowgate Street between the injured party and Davey’s friend.
Davey, from Iris street in Belfast, then became involved after after grappling with the injured party, who pulled Davey’s top over his head. Davey then bit down on the injured party’s ear with his teeth for around six seconds.
A chunk of flesh was removed and after a resident intervened, an ambulance was called and the injured party was treated for the wound to his ear in the Royal Hospital. Davey was arrested later that day and made no comment.
A defence barrister said his client’s plea was entered on the basis that the wound was inflicted after Davey came to his friend’s aid – but that his actions “in the heat of the moment” went beyond defending his friend and himself.
Davey’s barrister added that his client felt “vulnerable and in fear” when his top was pulled over his head. The barrister told Judge Irvine Davey was a full-time carer for his father and a man who was “ashamed of his behaviour” and was sorry for the injuries he caused.
Judge Irvine said he had taken into consideration all the aggravating factors which included Davey using his teeth as a weapon and the “significant” wound inflicted.
He said he had also noted Davey’s good background, lack of criminal record – and the fact it was a “spontaneous” reaction.
The Judge imposed the suspended sentence and before leaving the dock, Davey was warned that any offending within the next two years would lead to the 16-month imprisonment “being put into operation”.
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