A personal trainer who briefly lost control after a “coming together” with another man in a pub narrowly escaped an immediate prison sentence for the resulting attack.
Brett Angus delivered a flurry of blows to the other drinker after the pair brushed past each other while drinking in Katie O'Brien's Irish Tavern, in Walkergate, Durham, at about 11.20pm on Friday, February 23.
Durham Crown Court heard that Angus delivered several forceful blows before he was separated from the other man, who had gone to the ground.
Chris Morrison, prosecuting, said the victim suffered fractures to an eye socket and cheek and required surgery to have a metal plate fitted to help his recovery.
Seven months on from the incident he is still said to be suffering numbness to the side of his face and may yet have permanent nerve damage.
As a result, he has lost confidence in going out in public, preferring to avoid crowded places.
The 33-year-old defendant of Woodwynd, Springwell Village, Gateshead, conceded he was “seven out of ten” on a scale of drunkenness, but told police he had just given the other man, "a clip".
He admitted a charge of wounding/inflicting grievous bodily harm, but without intent, when the case first went before magistrates.
Angus was said to have offences of violence on his record from 2008, for battery, and 2015, when he received a suspended sentence order for unlawful wounding.
Tony Davis, in mitigation, said the defendant was, “throwing himself upon the mercy of the court”.
Mr Davis said: “He did not prevaricate and accepted responsibility.
“There was some small contact between the men but with the underlying alcohol consumed that evening, he acted as he did, not being a habitual binge drinker.
“He very much regrets his actions and didn’t seek to elongate these matters with any suggestion of anything like ‘self-defence gone too far’, or the like.
“It’s perhaps stretching things to say it was a ‘persistent’ attack.
“There were three or four blows before they were separated.
“I have to accept the injury caused was relatively significant but, looking at the most recent statement, it’s clear he (the victim) was discharged in mid-April, with no further treatment.
“Long-term, there may be some reduced sensation, but it doesn’t appear follow-up treatment is required.”
Referring to the defendant’s past convictions, the last being in 2015, Mr Davis said: “He struggled to manage his temper due to steroid abuse, at that time.
“But it’s something he hasn’t done for about ten years now, since when he has turned around his life.
“He’s effectively a hard-working personal trainer who is prepared to inspire those who have provided him with references for this hearing today.”
Mr David said it can only be hoped that in time the victim picks up confidence and is able to go out in public more frequently.
“There is no longer any hostility between them and, through me, he (the defendant) offers his apologies for the way he behaved that night.”
Passing sentence, Recorder Tom Moran told Angus: “It seems there was some minor accidental coming together between you and the victim.
“You might not have seen it that way because you had been drinking.
“The incident was over in a matter of seconds, but it did involve numerous punches even after he went to the ground and was entirely defenceless.
“That level of violence from someone like you could lead to significant injury.
“There was a fracture of the eye socket and cheek and metal plates were inserted into his face during surgery which, to say the least, must have been entirely unpleasant for him.”
Recorder Moran said it has profoundly affected the victim, who may yet have permanent nerve damage.
Relating to the findings of the Probation Service background report, the Recorder told Angus: “You described yourself as seven-out-of-ten drunk and you said you haven’t drunk since then.
“You have a partner and young children and you have started a business as a personal trainer.
“The overall assessment of future risk is said to be medium.”
But Recorder Moran said he had read “numerous letters of support” referring to different sides of the defendant’s personality.
He said there was a package of measures open to the court to avoid him having to pass an immediate custodial sentence.
See more court stories from The Northern Echo by clicking here
- Round-up of 12 defendants jailed at Durham Crown Court in September
- Bishop Auckland man accused of affray in Crook, plus motoring offences
- Man jailed for throwing man down stairs of Durham pub
Imposing a 12-month prison sentence, suspended for 18 months, Record Moran ordered the defendant to take part in 40 rehabilitation activity days with the Probation Service, complete 150-hours’ unpaid work and comply with an alcohol abstinence monitoring requirement for 180 days.
Angus must also pay his victim £2,000 compensation at the rate of £100-per-month.
The Recorder warned Angus that if he re-offends in any way during the next 18 months he will almost certainly be going straight to prison.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article