A SCARBOROUGH “thug” has been jailed for eight months after kicking a man’s head “like a football”.
Witnesses to the assault were left fearing for their children’s safety after realising what they thought was a football being kicked was in fact a man’s head.
The incident took place in broad daylight at 5.30pm in Merchants Road on June 2 this year.
It was witnessed by several locals and some holidaymakers with their children.
As a result of the incident Martin Davis, 22 appeared before York Crown Court for sentencing, having previously admitted a charge of affray.
Richard Gent, prosecuting, told the court Davis had over-reacted to the provocation of being spat at by a man.
The man, who was in this case the victim of the crime, was knocked to the ground and then attacked to the body and head by Davis.
The incident ended when a female witness shouted for Davis to stop.
Davis then turned to the woman, apologised, and with the help of another man, carried the man he had attacked away from the scene.
Matthew Stephenson, mitigating, said that for the past two years his client had been maturing, having been in a stable relationship and recently becoming a father.
Adding that Davis had had a poor upbringing, with no parental guidance, Mr Stephenson said that he was now determined to give his own child what he hadn’t had.
Asking the court the give his client a chance to build on the changes he had made to his life, Mr Stephenson said that the incident had happened as a result of “significant provocation” and had lasted only seconds.
He said that Davis and his victim were known to each other and following the incident had shook hands.
The man who was attacked later refused to make a complaint of assault.
The court heard that as a result of the incident the man had suffered black eyes, lumps, bumps and grazes.
Davis maintained that the kick to the head had been no more than a glancing blow.
Jailing Davis for eight months, The Recorder of York, Judge Stephen Ashurst, told him that he had a bad record of offending, breaching court orders and licencing exclusion orders.
Adding that it appeared that Davis did not appear to learn from his past, the judge said that Davis acted like a “thug” in public.
He said that, although the victim had been responsible for “disgusting behaviour” by spitting in the defendant’s face, Davis’ reaction had also been “disgusting” and had constituted unnecessary violence in public.
Judge Ashurst said that he had “no confidence” that Davis would not be back before the courts in a short period of time having once again lost his temper and resorted to violence.