The culprit filmed what was happening on his phone and he was ‘mocking the victim’ while he was still on the ground, a court heard
A victim of nasty night-time violence in Hull city centre could easily have died after he was viciously kicked to the head in a “premeditated and gratuitous” attack while he was slumped on the ground. The man was knocked to the ground during a confrontation after midnight and he was then kicked during a “cowardly and dangerous” attack.
He suffered heavy bleeding from a head injury and he was “highly vulnerable” at the time because he was helpless on the ground, Hull Crown Court heard. Callum Kirk, 26, of Marfleet Avenue, east Hull, admitted assaulting the man, causing actual bodily harm, on September 29.
Stephen Welch, prosecuting, said that the man had been on a night out in Hull city centre and he was walking near Barclays Bank in King Edward Street at about 12.22am when he met Kirk and another man. The other man, Tarran Lovick, punched the victim and he stumbled backwards and fell to the ground.
The man remained on the ground and was not initially moving. Kirk filmed what was happening on his phone and he was “mocking the victim” while he was still on the ground.
The man was on “all fours” and looked as though he was trying to get up. Kirk kicked him on the legs before sitting him up and letting go of him. Kirk walked off a few steps and came back and kicked the victim to his head.
“The person was laid out on he floor,” said Mr Welch. Kirk ran off towards the City Hall but came back. “Other people were standing over the person on the floor,” said Mr Welch.
“The defendant walked off in the direction of the City Hall again. A passer-by identified him to the police as being the attacker.” During police interview, Kirk claimed that he was threatened by the man before the violence but this was not accepted by the prosecution.
Kirk made no comment about kicking the man and claimed that he was acting in self-defence but this was not accepted by the prosecution. The man suffered heavy bleeding from a head injury and his left wrist and right thumb were injured.
He suffered cuts, including to his mouth, and he could not work for a week afterwards. Six months after the attack, he was still unsteady on his feet and he suffered headaches and often felt dizzy.
“He feels on edge going out and always has to have someone with him,” said Mr Welch. “The victim was clearly highly vulnerable at the time that he was on the floor.”
It was a “premeditated and gratuitous” attack and it had a substantial long-term impact on the victim. He did not go to hospital on the night of the attack but he did later, as well as on September 30 because of continued headaches. He was diagnosed with concussion.
Kirk told the court in a letter that he had sincere remorse for his actions and took full responsibility. He behaved in a way that was completely unacceptable and kicking a man on the floor was “cowardly and dangerous”.
Kirk accepted that he could have caused serious injury and that, instead of walking away, he made the wrong decision. He did not intend the level of harm that he caused and the victim must have suffered fear and pain.
Kirk was deeply ashamed and wanted to apologise unreservedly to the victim. “This offence was completely out of character and not how I have lived the rest of my life,” said Kirk.
“I know that what I did was wrong. This incident was a serious one-off lapse.” He was hardworking and he worked mainly as a finisher. He recently became a father and had a new baby.
Judge John Thackray KC said that there was some kind of confrontation but, whatever had gone on before, nothing could justify kicking someone in the head. The other man punched the victim to the ground and Kirk kicked him to the head.
“These courts are well familiar with blows to the head, particularly from a shod foot, causing a fatality,” said Judge Thackray. “That might sound dramatic to you but it only takes one blow to the head.
“It’s city centre night-time violence. The public are sick and tired of hearing about and seeing violence occurring in the city centre. It was entirely gratuitous. He was on the floor. A kick to the head is highly dangerous.”
Kirk was given a 16-month suspended prison sentence and 100 hours’ unpaid work. He was ordered to pay £500 compensation and a £187 victims’ surcharge.
At an earlier hearing before Hull Magistrates’ Court on November 12, the other man involved in the attack, Tarran Lovick, 26, of Elmbridge Parade, Greatfield estate, Hull, was given 200 hours’ unpaid work and he was told to pay £500 compensation, £85 costs and a £114 victims’ surcharge. He admitted assault, causing actual bodily harm.