Man spared prison after club assault

A SCARBOROUGH businessman has been banned from entering any licensed premises in the country for 12 months after admitting a second attack in a local nightclub in as many years.

Robert Penny, 23, who runs a double glazing firm, knocked a man unconscious with one blow during an early morning incident in Boleyn’s nightclub on December 17 last year.

However, York Crown Court was told that Penny, of Westway, Eastfield, had previously been convicted of an assault in the same club in which another man had teeth knocked out.

Chloe Fairley, prosecuting, told the court that Penny, who had previously admitted the latest offence of assault occasioning actual bodily harm, had been in the club when his friends had an altercation with another group.

CCTV caught the incident, in which Penny’s friend was pushed by the complainant, it then showing the defendant delivering a single heavy blow to the victim’s face.

The victim fell back, unconscious, down steps inside the club and remained motionless on the floor for several minutes.

Matthew Stephenson, mitigating, said that his client was a hard-working man, with his own business employing other people.

Adding that Penny was due to start a sub-contract which would take him to London for some time, Mr Stephenson said some of the usual parts of non-custodial measures – such as a curfew – would be hard to implement.

Passing sentence, Judge Colin Burn, said that he was imposing a 12-month exclusion from licenced premises which would apply to everywhere, including London.

He added that two offences of assault in the same club was “taking coincidence too far” and told Penny - who was given a community order for the first assault in the Boleyn’s - that another conviction would effectively be a three strike offence and lead to a custodial sentence.

Yesterday, Penny was sentenced to a six month prison sentence, suspended for 12 months.

He was also placed under supervision for 12 months, ordered to complete 150 hours of unpaid work and to pay £700 towards the costs of his prosecution.