A MAN who carried out an unprovoked assault on a passer-by in a town centre late at night has narrowly avoided a first prison sentence.

But the single punch attack, which fractured an eye socket and the nose of the victim, has cost Kevin Bailey Prudhoe £1,000, by way of compensation, and 180 hours’ in unpaid work.

Durham Crown Court heard that the victim and a friend had been watching televised football in the Euros on the night of July 11, last year.

Uzma Khan, prosecuting, said as they made their way to the Market Place, Bishop Auckland, inappropriate comments were made about the injured party’s sexuality from someone among a group of males.

Similar comments had been made previously, but the victim just ignored them.

Miss Khan said this time the victim’s friend reacted by having words with the person who made the comment and he was pushed away.

The defendant became involved and further words were exchanged, in which Prudhoe appeared to become angry.

Miss Khan said the victim began to walk away but was approached by Prudhoe who threw a punch and knocked him unconscious.

He was assisted by his friend and taken to hospital for treatment for a fractured eye socket, a broken nose and a laceration to the eye.

Miss Khan said he underwent a CT scan and suffered head aches for some time after the attack, plus blurry eye sight, which prevented the life guard from being able to work for a while.

Prudhoe was arrested and accepted in interview having assaulted the other man, but said he had no intention to cause injuries.

The 21-year-old defendant, of Linburn Drive, Bishop Auckland, admitted a single count of wounding/inflicting grievous bodily harm when he appeared before magistrates, who sent the case to be sentenced at the crown court.

Read more: One Punch campaign reaches House of Commons

Miss Khan told the sentencing hearing that the victim was “shocked” to be attacked in such a manner as he was just trying to have a good night and felt he had done nothing wrong.

In an updated impact statement he said he is now more wary when going out in case he sees the defendant and his friends again.

He said he was struck to the side of the head and was not even looking so had no chance to avoid the blow or defend himself.

Tony Davis, for Prudhoe, who has no previous convictions, presented two character references to the court to accompany a Probation Service background report on the defendant.

Judge Ray Singh told Mr Davis he would not be locking up his client but would be seeking compensation and would order him to perform unpaid work.

The judge told Prudhoe that he was lucky the victim did not suffer worse injuries.

“One punch victims who fall onto hard surfaces can suffer life-threatening, or on some occasions, even fatal injuries.

“While there was no intention to cause such an injury, that can be the consequence of the type of behaviour you exhibited that night.

“It really is very lucky and fortunate that, while the injuries are very serious, ultimately, your victim has made a significant recovery.

“Whatever the background, he was walking away from the situation, but you did not and assaulted him.”

Imposing an eight-month prison sentence, he suspended it for two years, during which he said the defendant must carry out 180 hours’ unpaid work.

He must also pay the victim £1,000 compensation at the rate of £200, with the first payment in 28 days.

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