Soldier spared jail to save Army career

Apr 16 2008 The Journal

A SERVING soldier who took part in a street attack which left a man with a broken cheekbone has been spared jail to save his promising Army career.

Andrew Page punched Dean Falcus to the ground and, with an accomplice, kicked and stamped on him in the late-night confrontation in Newcastle’s Scotswood Road area in April last year, the city’s Crown Court heard. Page, from Shieldfield, Newcastle, admitted inflicting grievous bodily harm on 21-year-old Mr Falcus, who needed surgery to repair his shattered cheekbone.

A second man alleged to have been involved in the attack was never charged, the court was told.

Paul Cross, defending, said Page, a soldier with the Royal Regiment of Fusiliers, had served in Iraq and was soon due to return to Basra.

He said the 22-year-old was highly regarded by his Army bosses, who want to retain him, but a prison term – even if suspended – would make that impossible and bring his career to an end.

“He is doing what his country has asked of him, doing it not only with bravery but diplomacy – part of his duties dealing with the local Iraqi population,” Mr Cross told the court.

“It is plain that the Army wishes to keep him. If custody is passed, the Army simply will not be able to keep him.”

Regimental Sergeant Dean Goldsmith told the court the maturity Page had shown on his last tour of duty had impressed his superiors and it was for that reason the Army was prepared to back him.

But he told the court Page had been told “in no uncertain terms” he would not receive a second chance if there were any further trouble.

Judge David Hodson said anyone admitting such an offence would ordinarily go to jail, but he was prepared to take an exceptional course.

He sentenced Page to a 12-month community order with 100 hours unpaid work and ordered him to pay £1,500 compensation to Mr Falcus.

Judge Hodson said it was clear the Army held Page “in the highest regard”.

He told him: “If I were to impose that sentence on you, which you richly deserve, you would lose your position in the Army.

“I think the interests of society at large, the interests of the country and the interests of the Army probably require me to come to the conclusion that these are exceptional circumstances.”