A motorcyclist avoided jail after a road rage incident where his helmet injured another driver’s nose during a fight.
The assault happened in July when McManus, 38, was moving a bike on New Parks Way. The other driver’s actions made him drop the bike, leading to the altercation.
They started fighting, and McManus, still wearing a helmet, hit the other man’s nose, injuring him. Police arrested McManus for the attack, later dropping other motoring charges.
McManus pleaded guilty to assault and appeared in court on February 13. The prosecutor, Sukhy Basi, described both men shouting during the incident.
Police were called finding both men pushing each other. There was speculation that the victim might have been headbutted, but because McManus had a helmet on it made contact with the victim’s face, causing bruising. His record showed 61 prior offenses.
Mike Diez, defending McManus, argued it wasn’t a deliberate headbutt and that the contact with the victim’s face occurred during a tussle. He noted photos didn’t show a headbutt and his client had no prior violence convictions.
McManus was already on a suspended sentence, but his situation had changed. His daughter, who has learning disabilities and ADHD, now lives with him, so prison would negatively impact her. He also does roofing work sometimes, and was recently injured.
The court clerk recommended jailing McManus because the suspended sentence required it, unless they found it unjust.
Ultimately, they extended his suspended sentence, adding a year and 15 days of probation. He must pay £85 in costs and a £114 surcharge. The judge determined jail was unjust, citing McManus improving his life.