15:37 Monday 09 December 2013

Trooper attacked after party at Winshill home


A WINSHILL man has narrowly escaped jail after assaulting a British army trooper at a house party.

Daniel Plant, of North Street, admitted assaulting Toby Ward as well as Alexander Tate on April 5 while at a house party.

Emma Thompson, prosecuting, told Burton Magistrates’ Court the 23-year-old originally denied the offences but changed his plea on the date of his trial after a basis was agreed.

She said the attack took place while Plant was at a house party in Kimberley Drive.

Mr Ward returned home just before midnight to find his brother Zac was holding the party and the toilet roll was strewn over the garden, wheelie bins were knocked over and broken glass around the garden.

He approached his brother, who he found in the shed, calling him ‘disrespectful’ for holding the party without permission.

While he was talking to Zac he felt a push to his back and Mr Ward tried to explain to Plant that he was talking to his brother and it did not concern him.

He was then punched to the face and other people at the party got involved. Mr Ward managed to get to the kitchen but was attacked again as other people, including Plant, attacked him. During the assault, Mr Ward was hit over the head with a vase and grabbed by the throat, but not by Plant.

Mr Ward was left with many injuries following the attack, including a two inch cut to the top of his head, lumps on his temples, a black eye and a swelling ‘the size of a golf ball’ behind his ear.

The attack on Mr Tate happened after Plant left the kitchen where he was described by his victim as being ‘wide eyed and angry, with blood from his mouth’ and ‘looking wild’.

Plant then punched him in the face leaving Mr Tate with a swollen bottom lip and cuts.

Plant admitted this on the basis the Mr Tate ‘looked at him funny’ but regretted it.

Sonia Lawrence, defending, said: “It was an unfortunate incident as he kept himself out of trouble for a considerable period of time as he was frequently before court but has now got his life on track.

“On this occasion he ended up in the shed drinking far too much alcohol than was good for him and taking cannabis. He has accepted responsibility for his actions. He is a young man who has made strenuous efforts to sort himself out. He has got himself full-time employment and a partner and child.”

Magistrates handed Plant a 24 week jail sentence to run concurrently for both assaults, which was suspended for 18 months.

He was also told to complete an 18 month community order with supervision and medium intensity drug rehabilitation programme for six months. Plant was also told to pay his victims £300 compensation each, £150 court costs and £80 victim surcharge.

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