Thug gets community order for brutal attack
A ‘PUMPED up and aggressive’ thug who knocked a man unconscious with a single punch has been sentenced.
John Tominay was struck by Daniel Harrison after confronting his 12-year-old son over vile abuse directed towards him and his wife outside their Mirfield home.
He has suffered from vertigo after banging his head on the ground and was forced to move house through fear of further incidents.
Kirklees Magistrates’ Court heard how the attack on the ex-Army man terrified his wife, as her friend’s 22-year-old son was killed by a single punch.
Harrison was found guilty following a trial of assault occasioning actual bodily harm.
The gas engineer, who works with Batley Bulldogs rugby league club, was described by his solicitor as ‘suffering’ as the company he worked for sacked him after learning about his conviction.
The unprovoked attack happened on June 9 as Mr Tominay, his wife and brother-in-law enjoyed an afternoon drinking outside their Lowlands Road address.
He said in evidence how a group of youths approached and started shouting and called him a ‘Scottish b******d’.
They were chased away by Mr Tominay and his brother-in-law and he took a bottle of water off Harrison’s son after he spat some out.
When he returned to his home he saw Harrison, who he didn’t know, walking towards him.
Mr Tominay said he knew he was in a rage and, because he was trained in dispute resolution, he attempted to diffuse the situation.
He told the trial: “He just walked up towards me and punched me in the head. I was knocked out. It was totally unprovoked.”
His wife Carol described her state of panic after witnessing him being “smacked straight in the face.”
She told the Huddersfield hearing: “It takes some sort of punch to knock out a 22-stone man.
“My friend lost her son to one punch and that made me more upset than anything,” she added.
Mr Tominay’s brother-in-law Ian Martin described 41-year-old Harrison as “pumped up and aggressive.”
Harrison, of Wellhouse Lane in Mirfield, admitted from the outset that he assaulted Mr Tominay but claimed he acted in selfdefence as he believed the victim was going to attack him first.
Mr Tominay said that following his ordeal he is still on edge and has difficulty sleeping.
Mr Tominay said: “I don’t go into Mirfield anymore, I don’t go out socially anymore.”
Sarah Aslam, mitigating, said her client had suffered since obtaining his first criminal conviction.
“It’s come at the most difficult time when his wife is heavily pregnant.”
Magistrates sentenced Harrison to a community order with 100 hours of unpaid work.
He must pay his victim £150 compensation as well as £150 court costs and £85 victim surcharge.