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Wilson jailed for `glassing' attack

Saying the public must be protected from violent attacks, Assistant Justice Charles-Etta Simmons yesterday jailed Ellsworth (Ellie) Wilson to four years for attacking a woman.

Wilson, 57, was convicted last week of "glassing'' Pauline O'Connor at the Spinning Wheel Nightclub on January 27 with a drinking glass.

Supreme Court Three was packed with Wilson's friends and family. There were six prison officers and at least ten Police officers in the court for the verdict.

Before he was sentenced yesterday, Wilson told Ms Justice Simmons: "I'd like to say that I'm sorry.

"I accept the fact that the glass may have hurt her but I had no intention of doing that,' Wilson added. "It was just a reaction.'' But the judge responded: "The court is in agreement with the Crown (prosecution) that this conviction warrants an immediate custodial sentence.

"This type of wanton attack is too prevalent,'' she added. "You clearly intended to cause this woman serious injury and this type of thing must be discouraged and the public must be protected.

"I can't disregard the fact that you appear to have a problem controlling your behaviour when you have been consuming alcohol. I must impose a sentence of four years imprisonment.'' Crown Counsel Charmaine Smith had argued for a five to eight year range of sentence.

The jury split on a count of wounding with intent to cause grievous bodily harm nine to three. The maximum sentence is ten years.

Wilson has a criminal record dating back to the 1960s -- detailed in a six page antecedents file -- and was last released from prison in 1981.

But only two minor assault convictions from 1991 are considered "reckonable'' or to be taken into account for sentencing.

The jury found he had deliberately smashed the thick bottomed "rock'' glass, breaking Ms O'Connor's nose and causing a deep cut from just below her eye to her upper lip.

He attacked her after a row in which he shouted at her "don't you f**king know me?''.

Ms O'Connor admitted she swore back at Wilson and slapped his hand away from her face before they were separated.

She said between 20 minutes and half an hour later `all of a sudden and unexpectedly'' he approached and she felt pain "like a thousand needles'' to her face.

Ms Justice Simmons also hit Wilson with a two $500 or two concurrent two month prison sentences for breaching conditional discharges for using threatening words, imposed in March.

After Wilson questioned the additional, the judge said: "If lawyers are having difficulty with this then I understand.'' Ms Justice Simmons explained she was "obliged as a magistrate would have done'' under section 69 (5) of the Criminal Code to sentence Wilson even though the wounding offence came before the conditional discharges were imposed.

She further explained that conditional discharges have two provisions for sentencing -- either a conviction in the specified period, regardless of when the offence occurred, or a conviction for a new offence.

"I have to do this now and save the taxpayer an expense or he will have to be brought back before this court or a lower court,'' Ms Justice Simmons added.

"I'm talking procedurally here.'' Ms Justice Simmons further stipulated that if Wilson opted to avoid the fine and serve the two month prison term, he must serve it before the four years for wounding Ms O'Connor.