A Warrington teenager who punched another man to the floor knocking him out during a row in a takeaway shop has been warned by a judge that he “needs to grow up.”
Rio Acomb’s victim was rushed to hospital with a suspected bleed on the brain and placed in an induced coma but fortunately his injuries were not as serious as feared.
But a court heard yesterday (Wed) that following the attack outside a Warrington takeaway the injured man John Whalley, who had a injury to the back of his head and concussion, has been left feeling constantly tired and has lost his job as a fork truck lift driver.
In an impact statement he told how he suffers from stress, anxiety and sleeplessness and feels vulnerable when he goes out.
Acomb, aged 19, of Pasture Lane, Poulton-with-Fearnhead, Warrington, pleaded guilty to assault causing actual bodily harm.
Gerald Baxter, prosecuting, told Liverpool Crown Court that Mr Whalley went into Warrington with friends and visited various clubs followed by going for takeaway food shortly before 6 am on April 1 last year.
He was drunk and argumentative and he was told to show respect to the shop staff and someone was heard to say ‘let’s take this outside’ and they all went outside.
Some people tried to calm things down but tension began to build “and Mr Whalley was being restrained by a friend but he was repeatedly trying to pull away.
“Then an argument developed between Mr Whalley and the defendant and Mr Whalley was pushed to the floor and so was his friend and they got up and they advanced towards the defendant.
“At this time the defendant was standing in front of Mr Whalley and swung his right arm into the face of Mr Whalley and caused him to fall backwards hitting his head on the floor.
“Police were on their way and the defendant and his friends moved away but were detained by the police and arrested,” said Mr Baxter.
The court heard that Acomb has one previous conviction for possessing cannabis.
Adrian Palmer, defending, said that Acomb was still a young man and had only been 18 at the time of the offence which happened nearly a year ago.
Judge Andrew Menary, KC, pointed out, “He might have a bit of an attitude, that comes over in the pre-sentence report.”
Mr Palmer replied that Acomb “takes a while to warm up” and the judge retorted, “he needs to grow up otherwise this may happen again.”
After hearing that the defendant has been warned about the risks of breaching court orders the judge sentenced him to 10 months detention suspended for 18 months.
He also ordered him to carry out 20 rehabilitation activity days and 200 hours unpaid work and imposed a 60 day alcohol abstinence monitoring requirement.
The judge said that Acomb “chose to deliver to his face a heavy punch.”
He warned him that the court not infrequently deals with cases of a single punch leading to victims banging their head and dying.
“Fortunately for you and more fortunately for him although the injury was bad enough he did not suffer a bleed on the brain.”
He said that “to an extent he (Whalley) brought this matter on himself. What his behaviour did not justify was your use of violence on him.”
