Man jailed following 'brutal' attack on unconscious rough sleeper in Scarborough

Christian Watson, 24, and Fallon Johnston, 20, gave the Scarborough man such a horrific beating that a judge said the victim was “lucky to be alive” following a drink-and-drug-fuelled attack he described as “barbaric, sick and depraved”.

The victim suffered a catalogue of serious injuries including a brain haemorrhage, a broken nose, a suspected fracture to his breastbone and possible bleeding around his heart, York Crown Court heard.

Prosecutor Catherine Duffy said that Watson and Johnston, who were engaged at the time, had been sitting on the ground beside the victim outside a coffee shop in St Nicholas Cliff at about 1.30am on July 3 last year when, without warning, Johnston got up and kicked him in the “torso or face”.

“Johnston continued to kick him while he was on the floor, before Watson grabbed him by the head and pushed his head down onto the floor,” added Ms Duffy.

There then followed an all-out assault on the stricken man which lasted “almost two minutes”.

Police used CCTV footage to trace the couple walking from the scene and going into the Royal Hotel in Nicholas Street where they had booked a room.

The couple, who have since separated, were arrested at the hotel as they were checking out later that same morning.

Watson told police he had seen “a guy covered in blood, so I was just helping him”.

The victim was taken to Scarborough Hospital where a CT scan revealed a bleed on the brain, swelling to his face around the eye, a broken nose and other nasal fractures, suspected bleeding to the thigh bone, bruising and swelling to both eye sockets, bruising to the shoulder blade, a suspected fracture of the breastbone and suspected bleeding around the heart.

His condition was so serious he was transferred to the Major Trauma Department at Hull Royal Infirmary for cardiological and neurological surgery.

There was no medical update on the victim’s condition because he had since left the country.

Watson, of Kirskstall, Leeds, and Johnston, of Bloomfield Road, Blackpool, were each charged with causing grievous bodily harm with intent and both pleaded guilty to the offence.

They appeared for sentence today (November 13) Prosecutor Ms Duffy told the court: “The Crown says this was an attack of real malice and that it was entirely down to luck that the injuries were not more devastating.”

She said the homeless man had been wandering around Huntriss Row in St Nicholas Cliff in the early hours of the morning when Watson and Johnston, full of drink and drugs, were arguing about their relationship outside Dickens Bar.

Johnston threw off her engagement ring and threw it away, then the pair walked towards a café nearby where they encountered the victim who had also been drinking.

The prosecution read out a statement made by the named victim before he left the UK.

He said that the pain before he blacked out was “indescribable”.

Watson, of Kirkstall, Leeds, had a track record for violence including battery, assault occasioning actual bodily harm and assaulting police.

His barrister Jeremy Barton said that Watson had long-standing mental-health issues exacerbated by drug abuse, but nothing could excuse the “appalling” attack on the homeless man.

He said that the victim was reportedly “likely to recover” from his injuries.

Judge Sean Morris described the attack as “barbaric, sick and depraved”.

He told Watson: “You are before the court for the most brutal attack on a vulnerable, lone street sleeper. Your victim is lucky to be alive.”

He added: “You and your female companion, for no reason, launched a long, prolonged and vicious attack upon him, both of you taking it in turns to kick his prone, unconscious body.

“You would have been up for murder if he had died and he could easily have died. It is a miracle that the injuries were not worse.

“I’m convinced you intended to cause more harm than actually happened.”

Jailing Watson for four years and eight months, the judge warned him he was now “a marked man”.

Defence barrister Rachel Webster, for Johnston, said her client, who had never been in trouble before, was now pregnant and in a new relationship.

She urged the judge not to send Johnston to jail in keeping with current guidelines for sentencing pregnant women and young mothers.

Judge Morris told Johnston she had acted “like a barbarian”, adding: “What you did was evil, but what is also quite clear is that you had fallen in with that man (Watson) and he had been encouraging you to drink and drink and drink that day and encouraging you to take drugs.

“Under the heavy influence of drink and drugs, you behaved in a way you had had never behaved in your life and you were part of a vicious attack on a helpless man. It’s quite clear that you were led off the rails by your co-accused.”

The judge said were it not for the fact that Johnston was pregnant, she would be going to jail.

He had also taken her “genuine remorse”, early guilty plea and hitherto clean record into consideration.

Johnston was given a three-year community order with a mental-health-treatment programme.

Detective Constable Sam Rivers from Scarborough and Ryedale CID, said: "This unprovoked assault was violent in the extreme, and one that could have only been carried out to cause devastating injuries. It is one of the most violent assaults I have ever had to view on CCTV.

"Excellent CCTV work and the forensic evidence recovered from the defendants’ clothing and footwear were the backbone of this investigation. I am pleased we've been able to bring Watson and Johnston to justice for this brutal and sustained attack.

"I hope the victim can now move on with his life following this ordeal.”