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Man sent to jail for four years

robbery was told by a Supreme Court judge that he had a "diabolical outburst'' when he attacked office manager Michael O'Brian.

John O'Donald Fox of Bridle Hill was yesterday found not guilty of attempting to murder and rob O'Brian on November 2 1993.

But after an hour the 12-member jury unanimously agreed that Fox wounded 46-year-old O'Brian with intent to cause grievous bodily harm. He was sentenced to four years in prison.

Puisne Judge the Hon. Mrs. Justice Wade told Fox that she was taking into account the use of the knife and would have to impose a custodial sentence.

"I would have to pass the type of sentence that marks the disapproval of society,'' Mrs. Wade said. "This was a diabolical outburst.'' Last week Fox pleaded not guilty to the charges. He also denied wounding him with intent to cause grievous bodily harm.

Crown Counsel Mr. Stephen Harrison told Mrs. Wade the maximum sentence for grievous bodily harm was 10 years.

"This is a serious offence. The accused has previous convictions for wounding and possession of a weapon,'' said Mr. Harrison.

Defence lawyer Mr. Archie Warner told Mrs. Wade: "This is a 24-year-old man with two previous convictions, unlawful wounding and possession of an offensive weapon, which are not this type of offence.

"The gravity of those offences was shown by the sentence which he was given, three months prison suspended for one year. This offence concerned a squabble over a cycle.

"The jury accepted that Fox had no intention to rob O'Brian. It is noteworthy that the defendant admitted he stabbed the complainant and explained to the jury that he was provoked.

"He was provoked because of the homosexual advances made by O'Brian. The defendant must have gone to the apartment on invitation, without any intent to rob O'Brian.'' Mr. Warner added: "The defendant instructed (me) that when he was a young boy his mother and father separated and he was sexually assaulted by his brother which caused this type of behaviour.

"There is no doubt that the injuries here were serious and life threatening.

The defendant indicated great remorse.

"Fox's only excuse was that he was under great stress brought on by his financial situation and with the added ridiculous homosexual advances he said he lost his head.'' Mr. Warner continued: "There is no evidence of a deliberate stabbing and no particular motive.

"There is no evidence that he took the weapon there to stab the man. The weapon was there and it was used in the spur of the moment.

"Fox was struggling with his girlfriend to make ends meet and they have a baby on the way.

Last week O'Brian told the court that on November 2, when he was in his Langton Lane apartment, Fox knocked on his door.

He let him in and they looked for Fox's friends number in the phone book.

While they were looking O'Brian said he felt a blow to the side of his head which knocked him to the floor.

He said Fox hit him several more times before he was finally able to escape and get help.

But Fox told the court that O'Brian invited him to his apartment after he had told him about his financial problems.

While there he asked O'Brian if he knew where a friend of his lived in the same apartment building.

They looked in the phone book to find the number and O'Brian said he would only help with Fox's financial problems if he would do something that involved sex.

He then touched Fox's arm and they struggled. Fox admitted that he lost his head and that's when he stabbed him.

JAILED -- John O'Donald Fox, pictured in front, was found not guilty in the Supreme Court yesterday for the attempted murder and the intended robbery of 46-year-old office manager Michael O'Brian. But he was given four years in prison for wounding him with intent to cause grievous bodily harm.