Man jailed for attacking woman inside takeaway
A MAN who had been out celebrating New Year’s Eve smashed a woman’s head on a takeaway counter and a threw a bottle of wine at the owner after complaints were made about his wife jumping the queue.
Alex Phipps, 36, was out drinking with his partner Soraya Maxey at the Claude pub, in Cardiff, while seeing in the New Year. On the way home, they popped into Chickoland on Albany Road just after 1am.
A sentencing hearing at Cardiff Crown Court yesterday heard the defendant became aggressive after Ms Maxey became involved in an argument with Sophie John and Rebecca Woods, who accused her of pushing in the queue.
Father-of-three Phipps proceeded to grab Ms John’s head and bring it down upon the counter with force, before throwing a bottle of wine he had smuggled out of the pub at the takeaway owner Abdulekrim Yahiaoui.
The bottle bounced off Mr Yahiaoui’s head and smashed on the floor, with fragments of glass flying into Ms Wood’s face and injuring her eye.
Phipps was then restrained by customers but managed to escape before returning and trying to re-enter the shop. He was stopped by another staff member Al Tkbale Abdulbaset, who sustained injuries to his wrist after Phipps continued to shout and act agressively.
Police were called and Phipps was arrested and put in the back of a police vehicle.
The court heard that after officers tried to restrain his wife, who was also acting aggressively, Phipps kicked out at the window of the police vehicle and smashed it.
When he was approached by an officer, he swore at the officer and kicked him in the stomach.
Describing the incident, prosecutor Steven Donoghue said: “The defendant became aware of the argument between his wife and the women and took offence to it.
“He initially argued with Sophie John saying ‘don’t you dare speak to my wife like that’ but then grabbed her head and pushed it so it collided with the counter. Later on Ms John said she was dizzy and found it difficult to recall what had happened.
“Having seen what happened Mr Yahiaoui remonstrated with the defendant, telling him to stop.
“The defendant appeared to have lost his temper and shouted something back to the owner.
“He produced the bottle and threw it at the owner. The bottle hit the right eye area and did not break but bounced off him.
“It smashed on the floor and the shards hit Rebecca Wood. It caused injury to her left eyebrow area and was bleeding.
“The defendant wanted to leave but given what had happened he was prevented from leaving and the front door was blocked.
“He eventually left but returned and tried to get back in.
“Mr Abdulbaset, who tried to block the door, sustained a graze to his right eye and his wrist where the defendant tried to push him.
“The police were called and the defendant was separated from his wife and placed inside a police car. Ms Maxey was extremely agitated and she was arrested.
“Phipps kicked in one of the back windows and he kicked a police constable in the stomach. He said he was extremely worried for his wife because she was wrestling with other people on the ground.”
Phipps was later interviewed by police, where he denied throwing a bottle of wine or assaulting anyone and claimed he and his wife had been on the end of abuse by other customers.
He later pleaded guilty to two counts of causing actual bodily harm (ABH), two counts of common assault and one count of resisting a police constable in the execution of his duty, on the first day of his trial.
Ms Maxey pleaded guilty to drunk and disorderly behaviour and was fined £235 at Cardiff Magistrates’ Court.
Defence barrister Ieuan Bennett said his client was the primary carer for his wife, who has been diagnosed with fibromyalgia [a long-term condition that causes pain all over the body], and his three children.
Mr Bennett said if he should go into immediate custody, there would need to be alternative care found for them.
He said: “The defendant did not go out looking for violence that night but in drink he has completely misjudged the situation and acted very badly indeed but he accepts he made the wrong decision at the time and if he was sober he would not have acted like that.
“He expresses remorse and wishes to apologise to the people he hurt that night.”
The court heard that Phipps was previously given a conditional discharge after he made threats of violence to his children’s head teacher following a PTA meeting at school.
He also had previous convictions for criminal damage and of using threatening, abusive or threatening words or behaviour.
Sentencing, Judge Tracey LloydClarke said: “The aggravating features in your case are your previous convictions and the fact you were in breach of a conditional discharge at the time you committed this offence.
“The location and time of the offence is also an aggravating feature as members of staff were working late at night at the takeaway in the centre of the city and there were other people present.”
Phipps, of Adamsdown Lane, Cardiff, was sentenced to 16 months in prison.