Man bit off part of friend's ear during drunken attack

[dutchman]

Francis Gisengo pleaded guilty at Warwick Crown Court to assaulting the other man and received a suspended sentence



A man bit off part of a friend’s ear - but a judge decided he shouldn't be jailed.

Francis Gisengo pleaded guilty at Warwick Crown Court to assaulting the other man, having denied a more serious charge of causing him grievous bodily harm.

Gisengo, 41, of Riley Square, Bell Green, was sentenced to 12 months in prison suspended for two years, with a 30-day rehabilitation activity, and was ordered to do 100 hours of unpaid work.

Gisengo had entered his plea on the basis that he did not make any comments about victim Desire Habonimana’s disability during the attack.

That was rejected by prosecutor Amy Edinborough, who said: “The Crown’s view is that at the time he demonstrated hostility based on the complainant’s disability.”

He was alleged to have called his victim ‘f***ing disabled’ during the attack, but his barrister Nigel Stelling said: “He remains adamant those words were not uttered by him.”

And after hearing evidence during a ‘trial of issue’ which concluded at Birmingham Crown Court, Recorder Christopher Tickle decided: “I cannot be certain those words were uttered.”

The judge said he therefore found the attack was not aggravated by hatred based on the victim’s disability, and so could suspend the appropriate prison term.