SINGAPORE: Intoxicated and upset at the waiter for asking him to lower the volume of the music coming from his portable speaker, a bar customer took aim and threw a shot glass at the waiter, bruising his jaw.
For one count of voluntarily causing hurt, 42-year-old Chin See Wai was sentenced to a week's jail on Monday (Sep 14).
Three more charges, including one count of striking another woman with a shot glass, were taking into consideration for sentencing.
The court heard that Chin was drinking with his friends in the early hours of Feb 29 at Youngs Bar & Restaurant in Seletar.
When Chin took out a portable speaker and started playing loud music, the 26-year-old waiter asked him to turn it down.
Chin ignored his request and the two got into a dispute, which Chin's friends quickly broke up.
Later, when the waiter was attending to customers at the table next to Chin's, Chin suddenly picked up a shot glass, stood up and threw it at the waiter, hitting his jaw.
The victim's boss lodged a police report and the waiter went to a hospital with a bruised jaw. He was placed on four days of outpatient medical leave.
Deputy Public Prosecutor Chng Luey Chi asked for 10 days' jail, saying that the assault was "unprovoked" and followed a "minor dispute".
Chin also used a "weapon" in the form of the shot glass and was voluntarily intoxicated at the time, he said.
Lawyer Lim Biow Chuan of BC Lim & Lau asked instead for a small fine, saying that Chin had gone to the bar with friends to consume alcohol.
After the waiter approached Chin's table to "complain that they were noisy", Chin felt that the waiter was "complaining against him" as he was serving the next table.
NOT AS IF HE LOOKED FOR WEAPON: DEFENCE
He "lost his temper and in a fleeting moment of anger, flung a small shot glass at the victim".
The shot glass had been used to contain alcohol served to Chin and his friends, and it was "not as if the accused had gone to look for a weapon", said Mr Lim.
The injury caused was "very minor" and Chin has compensated the victim in full for his medical expenses. This is also his first brush with the law and the offence occurred in the spur of the moment, said Mr Lim.
In response, the prosecutor said that even though the shot glass was widely available in a bar setting, this does not "detract from the fact that it was used as a weapon".
The judge said that while the defence had argued that it was a "momentary lapse of judgment" on Chin's part, Chin's actions were enough to bring about four charges involving three victims.
The fact that he had used a glass object cannot be ignored, said the judge, who added that it was "fortuitous" that none of the victims suffered more serious injuries.
However, she noted the plea of guilt, the restitution Chin made and his clean record. She allowed him to begin serving his sentence next Friday (Sep 25).
For voluntarily causing hurt, Chin could have been jailed for up to two years, fined up to S$5,000 or both.