A BRINKLOW man kicked a neighbour to the head ‘like a football’ after knocking him to his knees – then kicked him again as he lay unconscious on the ground.
Despite the brutality of the attack, Kyle Atkins denied inflicting grievous bodily harm, claiming he had been acting in self-defence – but later changed his plea to guilty.
Atkins, 28, of Skipworth Close, Brinklow, who had originally faced a charge of grievous bodily harm with intent, was jailed for 20 months by a judge at Warwick Crown Court.
Prosecutor Omar Majid said that in November 2018 the victim, who lived in the same area as Atkins, was walking his dog when Atkins shouted from a window for him to ‘come here’.
Atkins then climbed out of his living room window, which in itself did not surprise the victim who knew the door of the house was damaged.
But Atkins was waving his arms around and began pushing him several times to the chest, so the victim stepped back and then pushed Atkins, telling him to go back into his house.
He then began to walk away, but was pushed from behind and did not remember anything else until he came round surrounded by police officers and with his face covered in blood.
“But his wife had seen the incident,” said Mr Majid.
“She had seen him on his knees in the road and the defendant kick him to the head like you would kick a football, and he dropped like a stone.
“She went over and said ‘that’s enough,’ but Atkins pushed her away and kicked him again to the head.
“He was unconscious at the time and he was bleeding profusely from a gash to his eyebrow. Local residents gave assistance until paramedics arrived.”
As a result of the attack the victim had severe bruising and swelling to both eyes, a displaced fracture to his nose which had to be re-set under general anaesthetic, and a fracture to his cheekbone.
And Judge Anthony Potter indicated: “He was not able to think of any reason for the attack. I’m going to sentence on the basis that this was an unprovoked attack by someone who had had too much to drink.”
Lewis Perry, defending, said: “He has to accept the injuries to the victim and his behaviour at the time, but he is extremely remorseful.
“He has to control his temper, he knows that. Whatever his disagreement with the victim, he knows he should have acted better.
“He is normally a pleasant individual. He knows the folly of his actions. Apart from this incident he is a hard-working, decent man.”
Jailing Atkins, Judge Potter told him: “It is the severity of what you did, not punching, but kicking while he was unconscious in the street.
“You are fortunate the Crown accepted a plea to the lesser offence, and that you are not facing an even more serious offence – because a number of people standing where you are, having done what you did, find themselves facing a charge of causing death.
“To kick someone’s head as if it was a football and then to do it again, despite being told that that was enough, I see you accept, and I cannot ignore the fact that this happened right in front of his wife.
“A court had given you a chance that very day for a less serious offence of violence for which you were given a community order.
“I am dealing with you for an offence which happened three years ago, and since then you have not committed any further offences, and I have read references from people including your employer. But there has to be an immediate sentence.”