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Published: June 6. 2007 09:20AM
Suspended sentence for store attack


By Robyn Skinner

A 23-year-old man who attacked a another man with a hammer in a supermarket in "circumstances of passion" was given a suspended prison sentence in Supreme Court.


Muhammad David Nasir, 23, of Frith Holmes Gardens, Paget, had earlier pleaded guilty to unlawfully wounding Dayvon Tucker and a social inquiry report was ordered.

When he appeared in Supreme Court for sentencing, Nasir, who has a one-year-old son, was given six months suspended for two years and two years probation on the condition he maintains his good behaviour and pays Mr. Tucker's hospital bill.

On September 5, last year Mr. Tucker was at work at the Modern Mart supermarket in Paget at 10.30 a.m. and was helping a customer when he felt a blow to his jaw.

Mr. Tucker reported feeling dazed and almost lost his balance. He tried to hold onto Nasir to prevent further blows, however the Paget man managed to hit Mr. Tucker five more times with the hammer.

Nasir ran away from the scene and Mr. Tucker was taken to the King Edward VII Memorial Hospital where he was treated for six lacerations, five of which required stitches.

Defence lawyer Charles Richardson said the attack was provoked by Mr. Tucker, who allegedly was talking to Nasir's girlfriend and was sending threats through a third person.

He said: "He said he was angry, erupted and attacked, but then he turned himself in the next day to the Police. It may not be provocation with a capital P, but it may be something.

"Nasir acknowledged a lack of impulse control and admits he did not think it through. But he has expressed empathy for the victim and he is a young man who has really given this some thought.

"This is a thrifty, industrious and hard-working young man. He did not sit on the wall engaged in bad activity. He has towed the line for a long time."

Crown counsel Graveney Bannister argued that the attack was unprovoked and caused lacerations serious enough to need stitches and anaesthesia.

Puisne Judge Norma Wade Miller, however, felt what needed to be taken in to consideration was the young man's age and the lack of previous convictions.

She said: "I have given consideration and taken into account his clear record, his age, his show of remorse and the recommendations from the social inquiry report, which show a slim chance of committing the offence again."

Mrs. Justice Wade Miller then sentenced him to six months imprisonment, suspended for 24 months with 24 months probation.

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