TWO workaway roofers’ night on the tiles nearly landed them behind bars after trouble flared near a city centre night spot.
Durham Crown Court heard Shane Anthony Upton and Aaron Richard Boultbee, who were working in Durham, were involved in a violent confrontation outside the Fish Tank, in Neville Street, on Wednesday October 30 last year.
As they left the late night music venue, they were involved in a clash with two other men on stairs leading from the first floor premises.
Stephen Duffield, prosecuting, said: “One of the men, the Crown would say Upton, picked up a piece of wood, saying to the others: ‘I’ll do you in. I’ll smash you, I’ll kill you’.
“He was asked to calm down and, for no apparent reason, his co-accused, Boultbee, swung a punch at one of the men.
“They then ran off, but were arrested nearby, and, when questioned, Upton initially made no comment.
“Having been shown the available cctv footage he accepted being present, but denied any wrong doing with the piece of wood.
“He denied malicious intent and said he was just ‘having a bit of fun.’
“When Boultbee was questioned he, at first, denied being there, and when he was shown cctv he made no comment as to what he saw.
“Upton subsequently admitted picking up the stick and saying something along the lines that he would, ‘put it up their bums’.
"He claimed to have been fooling around, although he accepted the other pair may not have seen it that way.”
Mr Duffield added: “He would say he had the stick for about 20 seconds beforehand, but didn’t know Boultbee was going to punch one of them and was shocked when he did.
“He said he did run off, but didn’t really think he had done anything wrong.”
Upton, 31, and 23-year-old Boultbee, both from Burton-upon-Trent, in Staffordshire, subsequently admitted affray.
Paul Abrahams, mitigating, said: “Boultbee probably played the greater part in terms of impact, with the punch, and the victim suffered reddening and a bloody nose.
“Perhaps the gravimum of this offence is the impact on society, as some law-abiding citizens may choose not to go out at night because of drunken loutery like this.”
Recorder Paul Miller said drink “appears to have played a part” in offending which could have crossed the custody threshold.
But he imposed nine month prison sentences, suspended for 18 months, on both defendants.
They were also ordered to perform unpaid work, 150 hours for Upton and 100 hours for Boultbee, who must also pay £750 compensation to the victim and £250 costs.
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