
A court heard the culprit had to be ‘physically restrained’ with the man left with a fractured eye socket and two fractured nose bones in the late-night incident, a court heard
A heated late-night confrontation in a Beverley takeaway suddenly turned violent when a hot-headed customer repeatedly punched another man – and viciously stamped on his head – while the victim was slumped on the floor. The man was left covered in blood and he suffered a fractured eye socket and two fractured nose bones after the drink-fuelled attack.
Self-employed electrician Alister Stone goaded the man during a bad-tempered confrontation just minutes earlier, Hull Crown Court heard. Stone, 40, of Alpha Avenue, Molescroft, Beverley, admitted inflicting grievous bodily harm on the man on December 20 last year.
Oliver Shipley, prosecuting, said that the man had been on a pre-Christmas night out in Beverley with others. He later went to a takeaway shop in Saturday Market. Stone was there with two other men.
There was an exchange of words involving the man but it was followed by a handshake. The man later became agitated and started shouting.
Stone turned fully towards him and told him: “Go on then” – while cocking his head to one side. The man swung a punch towards Stone but it missed after Stone quickly ducked down. Stone punched him.
Another man punched the victim in the face and he fell to the floor. Stone continued to punch him and kneed him in the face.
There was a fight near the doorway of the shop and Stone was on top of the man, repeatedly punching him. The victim was curled up in the foetal position, trying to cover his head.
Another man shouted: “Leave it now, leave it now” and dragged Stone away. Stone stepped around him, moved himself into a position above the man and stamped down on the side of his head “with all his weight”.
Another man bear-hugged Stone and pulled him off the man. Somebody shouted that the police were being called. Stone and the other two men rapidly left the takeaway.
“Blood was left on the floor,” said Mr Shipley. The man had injuries mainly to the side of his face. He did not have any blood on his face before the stamp.
It was a “deliberate stamp” onto the head of the man while he was lying on a hard floor after the fight seemed to have ended. “The defendant had to be dragged away and told to leave it by his own group,” said Mr Shipley.
It was a “dangerous” stamp on the head. The police arrived and two people told them what they had seen. Stone and the other two men were stopped by police in Mill Lane. When Stone was asked whether he was surprised to be stopped, he replied: “No.”
The victim went home that night but he went to Hull Royal Infirmary on December 23. He had a CT scan and was found to have a fractured left eye socket and two fractured nose bones.
During police interview, Stone made no comment to all questions. He had convictions for three previous offences between 2008 and 2013, including assault causing actual bodily harm in 2013, involving a “melee” in Cottingham in 2012.
The victim later said that he could not look to the left or the right without severe pain and he could not at first see out of one eye. He suffered a “deep” and constant pain and using painkillers did not “touch the sides”. The man, a delivery driver with three children, had to take two or three weeks off work and he did not get paid for £400 to £500 lost wages. The ex-soldier suffered problems.
He avoided Beverley town centre and his children had been affected. “I was worried I would be attacked again,” he said. He suffered panic attacks and he did not like his children seeing him in that state.
Molly Minter, mitigating, said that there were references for Stone and he had written a letter. He pleaded guilty at an early stage and his conviction for assault causing actual bodily harm was 13 years ago.
Stone could not really recall what happened that night and he did not recognise himself in CCTV pictures as a man who could behave like that. “He is incredibly remorseful,” said Miss Minter.
“This is a man who feels great guilt for what he has done. He is keen to pay compensation. That links with his remorse.”
Stone had already cut down on his drinking, although he did not drink much anyway, and he limited this to having drinks with his wife once a month if they went out for dinner. He realised that “he can’t go out on a lads’ night out” again.
“That can’t happen again,” said Miss Minter. “There is a low risk to the public. He is a man capable of change.”
Stone was a self-employed electrician and he employed an apprentice. He had a stepdaughter and a son.
Recorder Ayesha Smart said that the effects of the attack on the victim were profound and there was a degree of persistence in it. “You had to be physically restrained to prevent you from returning to him,” said Recorder Smart.
“Luckily, there were no permanent or irreversible injuries caused to your victim. You had consumed alcohol to excess.
“This was committed in a very busy public place. You have taken steps to limit your alcohol consumption.”
Stone was given an 18-month suspended prison sentence and 200 hours’ unpaid work. He was ordered to pay £1,000 compensation at the rate of £200 a month.
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