Brain tumour victim died after attack in park

A TERMINALLY ill brain tumour victim died five years short of his life expectancy after he was attacked by a teenager he had asked to be quiet.

Luke Kirby was walking his dog in a park when he came across ‘ rowdy’ Daniel Bennett, 18, who was on his way home from a party.

He asked Bennett to ‘shut up’ but the yob – who had a history of violence – punched him to the ground, knocking out his two front teeth. Bennett then fled the scene.

The victim was eventually taken to hospital but his condition deteriorated rapidly and he died in January at the age of 28, six months after the June attack.

Bristol Crown Court heard that Mr Kirby, who had been given ten years to live when he was 23, became increasingly poorly after the assault but it was not directly to blame for his death.

The court heard Bennett, from Cadbury Heath, near Bristol, had bragged about punching Mr Kirby and committed another assault shortly afterwards.

He pleaded guilty to causing grievous bodily harm and was given a two-year sentence in youth custody.

Bennett had a list of previous convictions including breaching an ASBO, threatening behaviour and possessing a blade.

Judge Michael Longman told him: ‘ You admitted what was a brutal attack on a vulnerable man. It plainly had an effect for the months that followed as his condition deteriorated. You are not to blame for his death. But you did nothing to improve his final weeks and months.’

Mr Kirby had been living in his own flat but receiving daily care from his mum, Jane, 52, from Kingswood, Bristol.

After the sentencing she said: ‘Luke was very ill. What happened was detrimental to his health and made the last six months of his life worse. He didn’t deserve it.’