Compensation order after attack in Exmouth
PUBLISHED: 14:58 28 November 2016
A pair of late night drinkers have been ordered to pay £1,500 compensation for attacking a Polish man in Exmouth.
Lawrence Smith and Scott McMillian walked away from an initial disturbance and went to a friend’s house but they went out and attacked the victim after he followed them, Exeter Crown Court heard.
They were part of a gang of at least four youths who were seen punching and kicking him so brutally that a witness thought they would kill him, the court was told.
Mateusz Czarzasty was left with a broken rib and extensive cuts and bruising around his face including an injury to his nose which was still causing pain a year after the assault.
The two youths were found with the victim’s blood on their shoes after police were called to the fight in Hartopp Road.
Smith, 19, of Littleham, and McMillian, 20, of Woodville Road, Exmouth, both admitted causing actual bodily harm.
They were each ordered to do 120 hours unpaid community work and pay £750 compensation by Recorder James Watson, QC.
He told them he was not imposing a jail sentence because of their previous good character, their age, and an assessment by the probation service that both are at low risk of reoffending.
Andrew Macfarlane, prosecuting, said Mr Czarzasty had been on a works outing to a club on October 25 last year and was on his way home with his Bulgarian partner Galena Kopankova.
There was a minor confrontation in which Mr Czarzasty believed he and his partner had been sworn at and called a foreigner and he followed the two men to a house in Hartopp Road.
Mr Macfarlane said: “His recollection is of four men attacking him. He was punched and kicked and fell to the ground. He says he was kicked everywhere to his face and body.
“One witness whose house overlooked the incident said he honestly thought the victim would be dead after what he had seen.
“Mr Czarzasty made a victim impact statement in which he said he had to take a week off work and said his nose had not healed properly. He suffered pain from his ribs for many months.”
Barry White, for McMillian and Heather Hope, for Smith, said they both came from good law abiding families and have never been in trouble before.
They are working as a building labourer and piling engineer and have both expressed genuine remorse and changed their lifestyles by giving up weekend drinking binges.
They said both men were very young at the time of the offence and acted out of character.
Mr White said there was an element of provocation because McMillian believed he had been spat it during the first part of the incident.