Drunken yob ‘could have killed man in street’
Jailing Rafferty for two years, Recorder Turner said that he had been to a barbecue in Southport that night and then stayed in the town drinking.
“I have no doubt you were violently drunk that night,” he said.
“You were with two friends and you were obviously looking for trouble and were seen by Mr Hudson, who was a most impressive witness and I commend him for his evidence, what he did that night and for his assistance to the criminal justice system.”
Mr Hudson, a non-drinker, saw agitated Rafferty bare-chested after throwing his T-shirt to the floor during an argument with another man before they shook hands. Shortly afterwards he saw him and Mr Garnett swinging punches and Rafferty knocked his victim to the ground and walked off a short distance.
Concerned, Mr Hudson took out his phone and began filming and saw Rafferty return and “deliberately, forcibly kick to the head of the unconscious man,” said the judge.
“Two girls were seen trying to prevent you from this violence but you pushed them aside because you were intent on causing damage, which you did.”
The victim suffered a cut to his head, soft tissue damage to his face and three teeth were knocked out.
He told how he has had to pay £700 for new crowns, lost £2,000 while off work for a month and is wary about going out “because he could not believe how anyone could be attacked so easily without provocation”.
He had also gone to work in Cornwall for four months as he was afraid of encountering the defendant.
Rafferty had made no comment when interviewed after he had sobered up. He was picked out on an identity parade by Mr Hudson two months later and again made no comment when interviewed again.
The judge said that he had been “playing the system” by claiming in court that he had an alibi but had not been believed by the jury.
Rafferty, of Glovers Lane, Netherton, has two previous convictions for assaulting his former partner, the first involving knocking her to the ground and kicking her. It was while on licence from a 21-month sentence after the second assault on her in 2015 that the latest offence took place.
Charlotte Pringle, defending, said that jobless Rafferty is “a very different man” today. He has two children who had been living with their mum but she no longer had responsibility for them and so he and his mother have joint custody of them.
“He understands the sentence the court is likely to pass but he feels that their mother has left them and now he is going to leave them though he accepts it is nobody’s fault but his own. He wants to be a good role model when he comes out.”
Judge Turner told Rafferty: “If you want to help your children you must stop drinking.”
Addressing Rafferty’s mum in the public gallery, he said, “I hope you will continue to look after them, it is very good work.”
Daniel Rafferty has been jailed for two years for the vicious attack