Mr Greaney continues: “The defendant has both civilian and service convictions:

“First, on the 12th of December 1989, when in the Royal Engineers and aged 18, the defendant committed a military offence that equated with common assault. Two days later, he was made subject to seven days’ detention.

“On the 28th of March 1990, at Newport Magistrates’ Court, when still aged 18, the defendant was fined for a minor offence of dishonesty. The Police National Computer, the PNC, shows that he was an army apprentice at this time, so this offence too was during his time in the Royal Engineers.

“The next offence in time appears to have occurred on the 31st of October 1991. By this date, the defendant had enlisted in the Royal Marines, and the chronology indicates that the offence was committed at the end of his 32-week training period at Commando Training Centre in Lympstone.

“The PNC record indicates that the defendant struck another person several times in the face with a clenched fist. In interview, following his arrest in connection with the current offences, the offences in May of this year, the defendant said that he had a scuffle with men in a nightclub which resulted in him being thrown out. The men he had scuffled with were waiting for him, and he got the better of them, he said.

“The defendant pleaded guilty to an offence contrary to Section 20 of the Offences Against the Person Act 1861. And on the 2nd of July 1992, he was fined £45 by the Exeter Magistrates’ Court and ordered to pay compensation of £1,500. The fact of that conviction is relevant for reasons to which we will turn. It’s linked to his discharge.“
Mr Greaney says: “But before we get to that , on the 2nd of February 1992, so after the offence contrary to section 20 was committed but before his conviction and sentence, the defendant was convicted of the military offence of using violence to his superior officer. He was punished by a fine of £250 but no further details of this offence are available in the service records or elsewhere.

“On the 13th of February 1992, again after the offence contrary to section 20 was committed but before his conviction, the defendant was convicted of the military offence of conduct to the prejudice of good order and military discipline. He was punished by a fine of £250 but no further details of this offence are available.

“On the 31st of March 1992, again after the section 20 offence had been committed but before his conviction and sentence, no doubt because of his military offending, the defendant was placed on a 6-month formal warning for SNLR discharge. That is to say, after the series of offences, he was put on a six-month formal warning for discharge.

“Then came the conviction for the offence contrary to section 20 on the 2nd of July 1992. The effect of this conviction was to cause senior officers within the Royal Marines to confirm the defendant’s SNLR discharge. As we have explained, the defendant sought to challenge that discharge but was unsuccessful in doing so. As a result, his discharge took place just over six months later, on the 11th of January 1993.”
Mr Greaney says: “On the 22nd of July 1992, so shortly after his conviction for the offence contrary to section 20 but before his discharge, the defendant was convicted of a military offence that equated to criminal damage. He was punished by seven days restriction of privileges. The service records reveal that he damaged a shop window.

“On the 3rd of November 1994, so after his discharge, and while serving for a short period in the Royal Marine Reserve, the defendant was again convicted of causing grievous bodily harm contrary to section 20 along with an offence of using threatening, abusive, insulting words or behaviour contrary to section 4 of the Public Order Act 1986. He was sentenced at Preston Crown Court to a total of 12 months’ imprisonment.

“A search of the PNC reveals that the offences occurred on the 2nd of July 1993 and involved the defendant biting off the ear of another man in a fight. When interviewed by the police in connection with the current offences, the defendant explained that he had become involved in a drunken fight with sailors.”

Doyle sits with his head bowed
Mr Greaney continues: “Between the date of this second offence contrary to section 20 and the date of sentence, the defendant committed further offences.

“In Scotland, on or about 17th December 1993, he carried out a minor offence of dishonesty and breached the peace. These represent the final offences of which he was convicted until his offences on the day of the parade.

“The defendant was, by the date of those offences in Scotland, aged 22. He appeared before the Aberdeen Sheriff Court on 20th December 1993. Sentence was deferred to 4th February 1994, on which date he was placed on probation and made the subject of a short community service order.

“It follows that between the ages of 18 and 22, the defendant was convicted of a series of offences, including offences of serious violence. As a matter of principle, those convictions tend to aggravate the seriousness of the current offending.