Man knocked victim to the floor before repeatedly punching him as he lay unconscious is 'lucky not to be facing a murder charge'

A man who knocked his victim to the floor before repeatedly punching him as he lay unconscious on the ground is "lucky not to be facing a murder or manslaughter charge" a senior judge said.

Colin Coombes, 59, had been on a night out with his wife and another couple visiting numerous bars in the Stonegate area of York, on February 29, last year, when he was approached by the victim - who was known to him.

Gareth Henderson Moore, prosecuting, told York Crown Court, how the victim, who was out celebrating a birthday, went over to Coombes in the Three Cranes pub to "congratulate him on his marriage", to which he replied with an expletive.

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The groups then met later that night and an altercation broke out between two of the men they were both with.

Stonegate in York where the assault took place.Stonegate in York where the assault took place.
Stonegate in York where the assault took place.

Mr Henderson Moore said: "The complainant tried to intervene and some altercation broke out between the complainant and the defendant."

CCTV footage was shown to the court, showing Coombes stumbling backwards having been punched or pushed by the complainant, before he reacts by punching the man in the jaw.

"The complainant falls to the floor and the defendant is seen to straddle him, and moves his arm back, before delivering four repeated blows while the complainant is unconscious," Mr Henderson Moore said.

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The victim suffered injuries to his face and jaw. He also lost a front tooth and had to have reconstructive dental work costing more than £3,000.

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In mitigation, Kevin Blount said Coombes had not been before the courts since he was a teenager and was upset after his brother had been assaulted by the complainant earlier in the night.

He said Coombes had not planned the assault on the victim, adding: "He accepts he has gone further than what was necessary for defence."

The construction site manager, who is also carer for his 90-year-old father, was sentenced to six months in prison.

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Sentencing him, the Recorder of York, His Honour Judge Sean Morris, said: "Stonegate is a busy and popular street in York. People visiting there do not want to witness sickening violence.

"Instead, you stooped down and again and again and again and again you punched an unconscious man in the face.

"It was like a hammer to an anvil.

"You are lucky you are not up for a murder or manslaughter charge. If your victim had slipped away with a haemorrhage on the brain, which could have easily happened, you would have.

"The man was as vulnerable as you could get. You clearly intended to cause more harm than what actually happened."