Banned Portsmouth driver who smashed baseball bat over man’s head so hard it broke in half during road rage incident avoids jail

Carl O’Hagan was spared jail following the “vicious” attack on January 1 in Chichester Road, North End, with a judge telling the “very lucky” defendant: “You should have gone inside today.”

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The 29-year-old dodged jail at Portsmouth Crown Court for the brutal assault on an NHS health care support worker after driving a van while disqualified and having no insurance.

The court heard the victim, joined by his sister, went out in a car to find his stolen motorbike and were deliberately driving slowly as they scoured the area when they encountered O’Hagan, who was irritated by their slow driving. The defendant asked them to wind down their car window before unleashing a torrent of “aggressive” abuse before speeding off and parking nearby.

The male victim went to confront O’Hagan but was met by the “smirking” defendant holding a baseball bat who then menacingly “tapped the cheek” of his rival with the bat. “Mr O’Hagan then raised the bat over his head and with full force hit it onto the man’s head so hard it broke the bat in two pieces,” prosecutor Grace McConnell said.

“The man could feel the pain but remained standing up. Mr O’Hagan got into his vehicle and drove off. The victim was left with a large cut to his head of 4.5cm in length by 0.4cm in width and needed five stitches.”

The NHS worker was unable to work for two days and suffered headaches for three days and struggled to sleep for a week, as well as having “emotional damage” from the attack.

Police identified O’Hagan, of Union Road, Kingston, and the van before he was arrested, with it discovered he was banned from driving for 12 months. O’Hagan admitted grievous bodily harm without intent, driving while disqualified and having no insurance.

With no legal representation, O’Hagan was asked by judge, Recorder Gordon Bebb KC, if he had anything to say, to which O’Hagan replied: “I’m genuinely sorry for what I’ve done and the damage caused and driving when I shouldn’t be driving in the first place.

“If you can let (the victim) know how sorry I am I would appreciate it.”

Recorder Bebb told O’Hagan he “unfairly” took “exception at the way the car was being driven” by the victim and his sister before smashing the man over the head with “such force” with the baseball bat. “If you had been cracked over the head then you would know how it felt,” he said. “It was such a vicious assault.”

Referring to a probation report on O’Hagan, the judge added: “You say you are sorry and I think you probably are and that makes a difference. Hopefully there are some signs you are turning things around.”

O’Hagan was then handed a 16-month jail term suspended for two years, told to complete 100 hours of unpaid work, 15 rehabilitation days and a thinking skills program, as well as being told to pay £500 in compensation. He was banned from driving for two years.

Recorder Bebb added: “Consider yourself very lucky. You should have gone inside today, as you know. Take this as an opportunity.”