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Boater from Rickmansworth sentenced for punching pensioner five years ago


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Boater from Rickmansworth sentenced for punching pensioner five years ago

 

9:54am Monday 17th May 2010 Watford Observer

 

 

* By Court Reporter »

 

 

A boater who punched a 75-year-old man after an altercation on a tow path has received a conditional discharge - five years later.

 

Paul Moncaster, who has set up a business helping Indian craftspeople sell their wares in this country, was sentenced to a two-year conditional discharge at St Albans Crown Court on Friday.

 

The 41-year-old has lived on a boat at Batchworth Lock Canal Centre, Church Street, Rickmansworth, for the five years since the event took place, but not taken to court for it until now.

 

Moncaster pleaded guilty to ABH, but claimed the victim Sydney Millward, now aged 80, head butted him first.

 

Because Mr Millward did not want to come to court to dispute the events at the bottom of his garden in Mill Lane, Rickmansworth, on August 5, 2005, Moncaster was sentenced on his version of the story.

 

During what Recorder Rubin called an "exceptional" case the perplexed parties questioned why the defendant had not been apprehended earlier.

 

David Chrimes, prosecuting, said: "It is a rather unusual prosecution. It happened five years ago.

 

"He was living on a canal barge in the same place and we are not saying he was pootling up and down the canal to avoid the police."

 

Recorder Rubin asked: "Did they look very hard?"

 

Mr Chrimes replied: "I have my own ideas about that and better not comment."

 

The court heard Moncaster was in a car with another male when Mr Millward, continued to remonstrate with him following an argument earlier.

 

Moncaster, who has not been in trouble since that day, got out of the vehicle, punched Mr Millward once in the face and got back in.

 

He heard nothing more about it until recently, despite calling police out to other incidents on at least two occasions, said Emma Reed, defending.

 

Asking the court to impose a conditional discharge she said: "This incident was five years ago and there was certainly a large amount of provocation.

 

"On two occasions he has called the police, but they have not arrested him for the previous matter, why? I do not know.

 

"It is certainly not the case he has been on the run. Why they did not apprehend him until now I have no idea.

 

Recorder Rubin said it was an "extraordinary" suggestion that a man of Mr Millward's age would have head butted someone of Moncaster's age - who would have been in his mid 30s at the time.

 

But in the absence of evidence to the contrary would sentence the defendant on that basis.

 

Imposing a two-year conditional discharge Recorder Rubin said: "These are exceptional circumstances in an unusual case.

 

"The Crown accept you were struck in some way before you struck the victim.

 

"But striking a man of his age is highly unacceptable and ordinarily you would go to prison for that."

 

No compensation was awarded to the victim due to the length of time that has passed.

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I had a mooring at Batchworth about 11 years ago but I only kept it for a year.

 

Although I made some friends there, I felt there were some people around (including some on boats), who's attitude brought down what is otherwise a very nice area and I used to wonder why they thought they needed that hard urban outlook on life living in the leafy green belt?

 

I moved on and left them to it.

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