Man bitten on nose in fight

A 28-YEAR-OLD Derbyshire man bit his victim to the nose during a fight at the defendant’s home.

Derby Crown Court heard how Thomas Ashton and the complainant became involved in a struggle during a heated argument.

Both men had been drinking and after the victim told Ashton to leave his own home, matters escalated.

But the judge accepted that although the other man “came off worse” he was “not entirely blameless” himself.

Handing Ashton an 18-month community order, Judge Shaun Smith QC said: “You cannot go around biting people, but the victim was not entirely blameless in this.

“There was an altercation, you came off better and he came off worse, suffering a nasty injury to his nose.

“You have kept out of trouble for the past eight years apart from this matter and since it happened over a year ago you have also kept out of trouble.

“Keep off the drink and keep your fists in your pocket.”

Mark Knowles, prosecuting, said the offence took place on September 7, last

year.

He said at around 3am the victim called the police to report a disturbance at Ashton’s home. Mr Knowles said when they arrived a number of people were outside the address and that the victim told police he had been attacked inside the house by the defendant.

He said: “He said he had been bitten on the nose during the altercation. He said they had been to the pub and that all involved had been drinking.

“He told officers he had intervened in an argument between Mr Aston and a woman and he ended up getting bitten to the nose.

“He said he punched Mr Ashton to the face. Another witness said they saw the complainant outside the property swinging a piece of wood around.”

Mr Knowles said in interview, Ashton said he had gone out to look for his wife and when he returned home, the complainant told him to leave his own house and he lost his temper.

Ashton, of Nether Gardens, Wirksworth, pleaded guilty to affray, but no charges were brought against the victim.

Will Bennett, mitigating, said: “The defendant accepts that when things got heated, he went far and beyond what he should have done, but he perceived there was a threat.”

Keep off the drink and keep your fists in your pocket. Judge Shaun Smith