Marine can serve in Afghanistan after being freed for nightclub attack (From The Northern Echo)

Marine can serve in Afghanistan after being freed for nightclub attack

1:15pm Tuesday 16th March 2010 in

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A "DEDICATED" Royal Marine can be deployed to Afghanistan next month after appeal judges freed him from a prison sentence imposed over a drunken nightclub attack.

Matthew Sowerby, 20, who was jailed for ten months in February after admitting an offence of unlawful wounding, was in the dock of the Court of Appeal in London to hear three judges quash his custodial sentence.

Instead, they imposed a community punishment order with an unpaid work requirement of 150 hours and also ordered Sowerby, of Tadcaster Road, York, to pay his victim £1,500 compensation.

The original jail sentence was handed down by a judge at York Crown Court after an incident at a nightclub in the city in November last year.

Sowerby threw his drink at the manager in the Reflex bar, but the glass accidentally slipped out of his hand and hit innocent bystander Sarah Cartwright.

Ms Cartwright, who was serving behind the bar, suffered cuts to her face.

Mrs Justice Sharp, who gave the courts ruling on the sentence challenge, said that before the incident Sowerby was of positive, exemplary character.

There were glowing references from his commanding officer and others attesting to his dedication and skill.

Sowerby, who was deeply remorseful, had immediately admitted what he had done and apologised. His conduct on that occasion, added the judge, was wholly out of character.

The court said that "on the very special facts of this case", it could interfere with the sentence.

"We have come to the conclusion that in this case it is appropriate to quash the sentence of imprisonment," she concluded.