Street attack Man given jail term after admitting GBH

A24-YEAR-OLD Tewkesbury man and two other men who have never been identified brutally attacked another man in Gloucester, knocking him senseless and breaking his eye socket and cheekbone, a judge heard.

The men had made ‘boorish’ remarks to Donald Tomlinson’s girlfriend at 2.40am on Eastgate Street, as she waited outside a taxi office while Mr Tomlinson was inside.

After Mr Tomlinson swung a punch at Ryan Wiggins, of Northway, Tewkesbury, Wiggins and his accomplices set about giving Mr Tomlinson a beating after knocking his girlfriend Shania Phelps to the ground. The attack was caught on CCTV.

At Gloucester Crown Court Wiggins admitted assaulting Mr Tomlinson causing him grievous bodily harm on March 24 this year, and a common assault on Ms Phelps.

He was sent to prison for 20 months after Judge Ian Lawrie QC ruled: “There is nothing to merit suspension of the sentence.”

Prosecutor Caighli Taylor, told the judge that Wiggins’ group approached Miss Phelps as she stood on Eastgate Street outside the taxi office.

Wiggins said to her: “Hi sexy, do you want to come with me?”

When she declined, Wiggins became ‘irate’ and started to call her names, Ms Taylor said.

When Mr Tomlinson learnt of this, he “confronted them, and was angry. He punches them once’” Ms Taylor told the court.

The court saw CCTV footage from this point onwards.

“But then there appears to be retaliation,” Ms Taylor said, “He (Wiggins) runs towards them.

“He pushes Miss Phelps to the floor to get to him, and she remains on the floor.

“He and two other unidentified males attack Mr Tomlinson. He falls to the floor.

“This defendant then kicks him to the head. That renders him unconscious.

“They get on top and punch him to the head. That does not last long.

“The three men run off leaving him unconscious on the floor.”

Mr Tomlinson was left with a fractured eye socket and two further fractures to the right side of his face.

The court heard Mr Tomlinson has had metal plates inserted into his face that are permanent.

He had been unable to work for an extended period of time, lost his job and had to take out a bank loan, Ms Taylor said.

The court heard that he still suffers aches and pains on a daily basis.

“His children were frightened to see him for a month afterwards,” Ms Taylor said. “They did not recognise their dad.”

The prosecutor said of Mr Tomlinson swinging a punch at Wiggins: “He appreciates he played a part, but what he received went far beyond what was necessary.”

Judge Lawrie heard that Wiggins had a previous conviction for common assault and a caution for assault occasioning actual bodily harm.

The judge said: “Street yobbery is all too prevalent. It is a sustained and repeated assault on the same victim. He has used his foot.”

Wiggins’ defence lawyer, Guy Wyatt said: “There is the use of a shod foot, that is conceded.

“But there is also a greater degree of provocation than is expected.

“He had received a full blooded punch to the face. It was clearly not premeditated. It was spur of the moment.”

The barrister said it was ‘excessive self defence.’

“Er no,” the judge interjected, “this is not excessive self defence.

“He got a blow. He got one because he and his group were being offensive. He could have got what he deserved although not condoned.

“This is a group attack at night, by men in drink. “There is nothing to justify three men getting him down on the floor and kicking him.”

Mr Wyatt said his client had post traumatic stress disorder from an incident 10 years ago when he was doused in petrol and ‘caught alight.’

“It explains his use of drink and drugs,” Mr Wyatt said. “He self medicates with alcohol, which leads to difficulty with behaviour.”

Mr Wyatt said Wiggins was in work, and could pay towards compensation.

The judge rejected Mr Wyatt’s argument for suspending the jail term and told Wiggins: “You are going to have to go into custody young man.”

He rejected the suggestion that the incident was brief.

“For the man having his face used like a trampoline it would have seemed like an eternity,” he said.

“I am not entirely convinced there was provocation,” the judge continued. “I take this view, you acted in a retaliatory fashion on the spur of the moment.”

His children were frightened to see him for a month afterwards. They did not recognise their dad Caighli Taylor