British man spared jail sentence so he can emigrate to Australia

A father-to-be who assaulted two men during a drunken stag do in Cleethorpes – leaving both with fractured bones – has been spared jail so he can emigrate to Australia. James O'Neill, 28, of Grimsby Road, Cleethorpes, punched both of his victims once, leaving one with a broken nose and one with a fractured ankle, Grimsby Magistrates' Court heard. But instead of sending him to prison, magistrates ordered O'Neill to pay £4,000 compensation and £4,500 in fines so he can still get a visa to live in Australia.

Presiding magistrate Ray Dumbleton told him: "This was a serious offence. We feel the custody threshold has been breached and we seriously considered sending you to custody. However, we are going to take the very unusual step of moving back from that to allow you to start a new life in Australia. Consider yourself very lucky." Nick Furman, mitigating, said O'Neill had not started the altercation.



"My client made only one blow against both Mr Birchell and Mr Luke," he said. This was not a prolonged or pre-meditated attack. He bitterly regrets what happened that night and would like to apologise to the two men." Mr Furman said O'Neill's partner is already living in Australia and is expecting the couple's first child. He has secured a five-year contract as a gas installation worker in the country.

Mr Furman told the magistrates O'Neill would not be able to secure his visa if he was given anything but a financial penalty. O'Neill, who admitted causing grievous bodily harm without intent to Mr Birchell and assault causing actual bodily harm to Mr Luke, was ordered to pay £2,000 compensation to each of his victims. He also was told to pay a £4,500 fine, £150 costs and a £15 victims' surcharge.