Two attackers who launched a vicious assault on their victim in Colchester city centre have avoided an immediate prison sentence.
Aston Abbess, 28, and Jonathan O’Brien, 19, appeared at Ipswich Crown Court on Monday (November 18) to face a charge of wounding or inflicting grievous bodily harm without intent.
The two attackers were captured on CCTV in Red Lion Walk getting into a fight with two other men on January 27.
A man in his 50s was beaten and kicked when he was on the ground, which left him with "nasty" injuries and in need of surgery on his face.
Juliet Donovan, prosecuting, told the court the victim was kicked in the head and suffered “substantial” injuries during the assault.
She said: “He was left on the floor and nobody seemed to call the ambulance.”
Mrs Donovan said the victim's injuries included bruising, bleeding, and fractures of several bones in his face, including his jaw.
Danielle Byford, mitigating for O’Brien, said it was a “very difficult evening for him” as he had experienced a domestic incident earlier, which left him with an injury.
He and his co-defendant admitted they had been heavily intoxicated that night.
O’Brien claimed to have reacted to a homophobic comment shouted at him.
Mrs Byford said: “He knew he could walk away. But he is extremely remorseful for what he did.”
Peter Spary, mitigating for Abbess, told the court the incident was “out of character” and he was “not a violent person”.
Mr Spary said: “He is not taking a leading role, he is taking the back seat in the incident.”
Both defendants had admitted the offences at their first hearing at magistrates’ court.
Judge Nicola Talbot Hadley considered their ages and history of convictions before passing sentence.
O’Brien, of London Road, Ipswich, was sentenced to two years in custody suspended for two years, a mental health treatment requirement of 12 sessions and 120 days participating in an alcohol abstinence programme.
He must also carry out 20 days of rehabilitation activity.
Abbess, of Beazley Close, Ware, Herts, was deemed to have played a lesser role and was sentenced to serve 16 months in prison, suspended for two years, as well as 120 days of alcohol abstinence and 20 days of rehabilitation activity.
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