Huddersfield Daily Examiner

McDonald’s attack thug spared jail

DISTRICT JUDGE SAID LOCALS WERE ‘SICK TO DEATH’ OF VIOLENCE IN HUDDERSFIE­LD TOWN CENTRE

- By EMMA DAVISON emma.davison@trinitymir­ror.com @EmmaDaviso­n10

A TEENAGE boy who repeatedly stamped on a man as he lay on the ground outside McDonald’s was lucky to escape jail.

District Judge Michael Fanning told Troy Augustine that he was sparing him from prison “by a squeak” over the nasty attack outside the Huddersfie­ld town centre restaurant.

But he slammed the outbursts of violence seen in the town in recent months and said that members of the public were “sick to death” of the escalating levels of violence.

Augustine, 19, pleaded guilty to an offence of affray when he appeared at Kirklees Magistrate­s’ Court.

The attack happened outside the John William Street restaurant at 4.30am on Sunday, May 7.

Prosecutor Richard Blackburn said that the victim was not identified but the whole row was picked up by CCTV cameras covering the town.

He explained that an initial scuffle involving two males was seen to be taking place.

Augustine, of Balmoral Avenue in Crosland Moor, then became involved with a number of other individual­s.

CCTV footage played to the court showed a large number of men congregati­ng outside the restaurant with the assault then taking place to the side of the golden arches sign.

Mr Blackburn said: “There seemed to be at least three or four punches thown towards the victim before he landed on the floor.

“The defendant was then seen to stamp on the victim twice towards his upper body before he was dragged away by another. Then the defendant goes back and once again stamps on the victim twice before being pulled away.

“He returns a third time and stamps on him once more.”

Augustine, who had no previous conviction­s, was arrested at the scene by police.

His solicitor Mike Sisson-Pell said that his client went into the restaurant following an initial confrontat­ion with some other men but the violence flared up again when he came back outside.

He told the Huddersfie­ld court: “There were a number of individual­s involved and this young man initially acted in self-defence.

“He was the only one arrested while whoever started this got off scot free.

“He’s a naive young man who’s never been in trouble before and bitterly wishes he wasn’t sucked into this incident.

“There was initial provocatio­n and he’s gone over the top but he’s shocked by what he saw on the CCTV.”

Judge Fanning told Augustine that he found it incredible that a supposedly mature and articulate young man could involve himself in that level of violence.

He said to him: “People who use the town centre are sick to death of having to witness this sort of thing, weekend in, weekend out.

“The people who involve themselves in that need to understand that you’ll lose your liberty.

“You should be going to prison but the only reason that you’re not is that you’re only 19, have never been in trouble before and co-operated with police.

“You were drunk, egged on by others and used a shod foot which is a weapon.

“The starting point is 18 weeks in custody and you’ve avoided that by a squeak.

“But I hope that this is a one-off because prison would destroy your life and prospects.”

Augustine was instead sentenced to a 12-week curfew between the hours of 8pm and 7am to stop him from getting into trouble in the town late at night.

He must go to a youth attendance centre for 20 hours where he will work on addressing his offending behaviour.

Augustine will also have to pay £85 costs and £115 victim surcharge.

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