TWO men have been jailed for four months for their role in a prolonged attack on a British army trooper.
Declan Brain, 21, of Kimberley Drive, and Sean Hardwick, 19, of Dunedin Crescent, both Winshill, admitted to assaulting Toby Ward, who was on leave from the army, after he stumbled upon his brother holding an impromptu party at his mother’s home in Winshill.
On Wednesday, Burton Magistrates’ Court heard Mr Ward returned to home just before midnight on April 5 to find toilet paper strewn in the garden, wheelie bins knocked over, and broken glass, and could smell cannabis.
Emma Thompson, prosecuting, said: “He remonstrated with his brother, Zac Ward, (who held the party), saying he was being disrespectful of his mother.”
As he was talking, another man then allegedly punched him. This man has denied involvement and will stand trial.
Following more punches, he was cornered and hit over the head with a vase by Hardwick, who has no previous convictions, and who later admits to punching Mr Ward up to three times.
Jobless Brain admitted punching him.
Mr Ward had two cuts to his head, two lumps on his temple, a black eye and swelling, a golf ball swelling to ear and reddening on his neck.
Adrian Pearce, representing both men, said: “They have been frank and honest with police as the injured party wasn’t sure who had done what.
“They do not entirely accept what happened. The brother came home and they say he attacks Zac. Then there is a joint fight. The initial fight was nothing to do with them whatsoever.”
Mr Pearce said Brain knows his behaviour was unacceptable and has been trouble-free for 12 months. He added Hardwick had taken cocaine that night for the first time but has no intention of taking it again.
“He has never been arrested before so is man of good character.”
Magistrates said it was a group assault, influenced by drink and drugs and was a sustained attack.