A Derry man who is currently serving a lengthy prison term for violently attacking a ‘drinking partner’, has been sentenced to a further five years for wounding a man with a Buckfast bottle.
Barry Whittle, 36, of Fallowlea Park, is currently serving a six-year extended sentence that was imposed in September.
At a court hearing on November 30, Whittle was sentenced for assaulting a man on November 27 2015 in which he used a Buckfast bottle to inflict 'quite serious injures' on the victim.
The court was told that the injured party went to an address in the Strathfoyle area after receiving several phone calls. On arrival Whittle hit him with a bottle on the cheek causing a serious wound and a fractured cheekbone.
Judge Philip Babington said there was 'a grey area' over counter-claims by Whittle that he had been assaulted too. The 36-year-old claimed he had been attacked with a wheel brace and one was found at the scene. A prosecution barrister said that 'it was not inconsistent with Whittle's explanation.'
The court heard that blood was found on the door of the injured party's car and on the neck of the Buckfast bottle. The defendant’s DNA was also discovered on the bottle.
During police interview Whittle said the other man was the aggressor but then 'became agitated' and wouldn’t answer any further questions.
The judge said he had read the pre-sentence report which explained that Whittle had over 100 previous convictions, including eighteen for assault. He said Whittle had been convicted in the Republic of Ireland and England, and to date, has led 'an unstructured life'.
The Crown Court Judge said Whittle's medical and mental health had been 'a cause of concern for many years' and the probation report assessed him as presenting 'a high risk of re-offending and a significant risk of serious harm.'
Judge Babington said he was 'quite satisfied' there was a risk that Whittle could cause serious harm and therefore was 'dangerous’.
He imposed a sentence of three years with a two-year extension to run consecutive with the six-year sentence he is already serving.
The judge said that when the custody component of that eleven-year sentence was complete the question of release would be up to the parole commissioners. He also imposed a violent offenders prevention order for a period of five years.
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