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A Royal Navy sailor has escaped punishment for attacking three women – after magistrates ruled out community service because of his active duty.
Harley Moore, from Deal, shot his girlfriend with a BB gun before a day later assaulting her, one of her friends and a Wetherspoon employee in a pub bathroom, a court heard.
But Margate magistrates were told on Thursday that the junior able seaman was required back on board Britain’s biggest warship, HMS Prince of Wales.
Feeling that their “hands have been tied”, they gave the 18-year-old a conditional discharge – meaning no further action will be taken unless he commits another offence within a certain period.
The court heard how Moore, his partner and her pal were on a night out in Deal on Wednesday, May 31, when he became aggressive after drinking too much.
His girlfriend told police he was “practically foaming at the mouth and spitting at me” so she ran past him into The Sir Norman Wisdom Wetherspoon in Queen Street to get away.
But Moore followed her into the pub toilets where he “pushed me up against the wall”.
She also told police: “He went to hit me and missed – but he caught me with his nails. Then he turned around and hit [my friend], causing her to fall backwards.”
Prosecutor Maria Goptareva said a female Wetherspoons employee intervened and pointed him towards the door, but he pushed her arm away.
Moore’s girlfriend suffered a scratch to her face, her friend was left with a bruised back and the pub worker was uninjured.
In a victim impact statement, Moore’s girlfriend added: “The whole incident has made me feel very shaken up and upset because I never imagined he could hit me.
“I am shocked that someone I thought I loved could do this to me and my friend.”
Margate Magistrates Court also heard that before this attack, Moore, of Celtic Road, shot his girlfriend with an imitation firearm at his home.
Ms Goptareva said: “They were in the bedroom discussing their relationship and he was shooting the BB gun around the room. He then turned around and shot her foot.”
Mitigating, Ian Bond explained that at the time of the offences, Moore was on leave from his duties on HMS Prince of Wales, which will act as the nation’s flagship towards the end of next year.
He said his client, who pleaded guilty to four counts of assault by beating, had been upset that his girlfriend had gone on a trip to London with another man.
He went on to downplay the shooting and told magistrates that the BB gun is just a children’s toy.
“It fires very small plastic rounds – about the size of a pea, a petit pois,” said Mr Bond.
“Mr Moore said: ‘I’m sorry – I was trying to shoot your shoe.’
“But the next day things are still simmering and this young man has behaved as badly as he did because of his frustration and because he’d had too much to drink.”
Urging magistrates to issue a conditional discharge, Mr Bond added: “He’s genuinely remorseful.”
Chief Petty Officer Darrell Binner attended court with the defendant and said disciplinary action is also being taken by the Navy.
“The Navy takes a very seriously dim view of what Mr Moore has done and he will receive appropriate punishments from his commanding officer,” said Mr Binner.
“That could mean a dock in his pay, extra duties or even being discharged.”
But in deciding what punishment the court should impose, magistrates found their options were limited because Moore is on active duty.
“He is returning to Portsmouth this afternoon while transportation is arranged to get him back on the ship – the vessel is operational and it requires a full crew,” added Mr Binner.
“The Navy would not be able to comply with a court order for him to complete community service.”
Wrestling with this, chair magistrate David Gibbons said: “We in no way wish for Mr Moore to lose his job – we wish him the best with that. But we can’t let his job mean that he escapes justice.”
However, after lengthy discussions, the magistrates reluctantly ordered a conditional discharge.
“Mr Moore you’re aware our hands have been tied in what we can do to punish you for this,” said Mr Gibbons.
“The incident was severe and you were unpleasant to three different people.
“While the offences are deserving of a community order, it has become apparent that this is unworkable, so we will be going down the route of a conditional discharge.
“This will be for three years. Should you commit another offence within that time you can be punished for today’s offence and any new offences.”
Moore was ordered to pay £200 compensation to his girlfriend, and £100 each to her friend and the pub worker, as well as court costs of £85 and a £26 victim surcharge
Magistrates also ordered the forfeiture and destruction of the BB gun.