Attacker escapes festive jail term

A MAN was left unconscious in a Scarborough street after being punched to the floor and then kicked twice, a court was told.

Mark Dalton, 27, of Westway, Eastfield, appeared before York Crown Court for sentencing on a previously admitted charge of affray.

Michael Smith, prosecuting, told how Dalton and a friend had been in a nightclub in the town centre when they were involved in an “ugly” incident with another man.

He was ejected, but the parties again came into contact when Dalton and his friend later left the club in the early hours of November 1 this year.

In interview Dalton told the police that he was sorry, but had acted when he thought the man was being aggressive towards his friend.

The court heard that, although having served a short prison sentence in the past, Dalton had nothing on his record for violence.

Mr Smith also said the victim had declined to make a complaint and had refused to assist the police in any way.

Dalton, who was not represented in court, told Recorder Deborah Sherwin that he would rely on the contents of the pre-sentence report on him and the offence to put his defence.

Passing sentence, the recorder said that it was obvious from that report that Dalton was appalled by the way he had acted.

She added that Dalton should consider himself very lucky that he was not spending the festive season behind bars.

Dalton was sentenced to 12 months custody, suspended for two years and ordered to complete 200 hours unpaid work.

He was also placed under a 10-week curfew between 9pm and 6am on Fridays and Saturdays, and ordered to pay prosecution costs of £150.