No jail for teenager who assaulted pensioner then refused to face judge

Xena Randell had pleaded guilty at Warwick Crown Court to assaulting frail 70-year-old Marion Ryan during an incident at Wellesbourne market.

Despite a history of violence, Judge Anthony Potter had decided to give her a chance by deferring sentence – but as he explained his decision, the 19-year-old petulantly turned her back on him.

After Randell repeatedly refused to face him during the hearing in May, the exasperated judge remanded her in custody and she fought with staff as she was led from the dock.

Four days later, after Randell had had a taste of prison, Judge Potter did as he had originally intended and deferred sentence, setting out what he expected from her in the meantime.

Community order

And at the resumed hearing Randell, of Burrowes Street, Walsall, was given a 12-month community order, with 80 hours of unpaid work and a rehabilitation activity for 30 days to address her anger management.

Judge Potter said it seemed she had been motivated to try to get a job and had made efforts to enrol on a college course, and told her: “You are trying to make changes in your life, and I am impressed by that.”

Reserving any breaches of the order to himself, the judge remarked: “I’ll remember you. If you do breach this, you know you’re not likely to receive a particularly sympathetic hearing.”

He said her brief period in custody and the surrounding publicity had been ‘a salutary lesson,’ adding: “I hope I never see you again, and I’m sure the feeling is entirely mutual.”

Assault

During the original hearing it was said that Randell’s grandfather and her victim, who suffers from osteoporosis and chronic obstructive pulmonary disease, belonged to a group that regularly organised coach trips.

In August last year Randell and her mother accompanied her grandfather on one such outing to Warwickshire, to visit Wellesbourne market and then Stratford-upon-Avon.

But at the market Randell went off shopping with her mother, leaving her grandfather and Miss Ryan together.

Randell returned later than expected, said prosecutor Caroline Harris.

“The complainant called the defendant a ‘selfish cow’ for being away so long, and the defendant pushed her with some force.

“It caused her to fall to the ground, landing on her bottom and striking her head.”

A retired nurse went to her aid, and the trip continued with the pensioner in fear that Randell would approach her again.

Miss Ryan had sore ribs as a result of the push, and it later became apparent she had a fracture to her pelvis - but Miss Harris said it was ‘not possible to prove to the criminal standard’ that had been caused by Randell pushing her over.

'She was in my space'

After her arrest, Randell said she pushed the pensioner ‘because she was in my space,’ claiming she was not generally a violent person, ‘but will react violently when threatened.’

But the court heard she had no fewer than 13 convictions for 49 offences, mostly for violence, and at the time was subject to a suspended sentence for assaulting a police officer.

Turaj Hodge, defending, said Randell spent nine years in care until she was 18, but was getting her relationship with her mother back on track.

She was also helping to care for her grandfather who, at the time of the hearing in May, had been given six months to live – and the court was now told is in hospital.

“She felt under threat from Miss Ryan who accepts she called her a selfish cow, and in response Miss Randell pushed her because of a perceived threat.”

Miss Hodge added: “She says she is more than willing to address her anger management issues, and she has shown remorse.”

Judge Potter had told Randell in May: “In my judgement you are a bully, and you have relied on other people’s concern as justification for your response to other people in an aggressive manner.

“I have no doubt that lady was smaller than you, and you intimidated her as much by your presence as by your actions.”