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Sentencing after victim was seen to be kicked in the face during Lowestoft attack

PUBLISHED: 14:11 28 September 2015 | UPDATED: 14:11 28 September 2015

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A man was knocked unconscious in an unprovoked late night attack during which a man was seen to kick him in the face, a court has heard.

Paul Ewen had been out with friends in Lowestoft and was waiting outside a kebab shop in Pier Terrace in the early hours of January 23 when he and his friend Lee Parnell were approached by Niall Drake and Harley Thompson, Ipswich Crown Court was told.

Michael Crimp, prosecuting, said Thompson had asked Mr Parnell what his problem was before swinging a punch at him, which connected with his jaw.Thompson had then punched Mr Ewen, causing him to fall to the ground.

Drake had then gone over to Mr Ewen and kicked him in the face, before stepping over him and walking off.

Mr Ewen had no memory of the attack and was only aware of lying in the road drifting in and out of consciousness being attended to by paramedics.

He was taken to hospital and was found to have a 2cm cut to the back of his head which needed two stitches, a cut to his nose and bruising and swelling to his face.

Mr Crimp said that in the months following the attack, Mr Ewen had suffered from ringing in 
his ear and shooting pains and had been reluctant to go out.

“Whatever happened, it was an unprovoked attack,” said Mr Crimp.

He said Mr Parnell was left with a sore jaw as a result of the incident.

Drake, 22, of High Street, Lowestoft and Thompson, 22, of Edgerton Road, Lowestoft, admitted assaulting Mr Ewen causing him actual bodily harm.

Thompson also admitted common assault on Mr Parnell.

Drake also admitted being in breach of an eight-month prison sentence suspended for 18 months for possessing cannabis with intent to supply.

Thompson was given a six-month prison sentence, suspended for two years, and
ordered to attend a thinking skills programme, as well as do 180 hours unpaid work in the community.

He was also ordered to pay £250 compensation to Mr Ewen, £50 compensation to Mr Parnell and a £100 victim surcharge.

Drake was jailed for six months and ordered to pay an £80 victim surcharge.

Sentencing the men, Judge David Godin said Thompson had picked a fight with Mr Parnell and had then taken Mr Ewen to the ground, after which Drake had used a shod foot on him.

Steven Dyble, for Thompson, said his client had punched Mr Parnell and Mr Ewen but had not been involved in the part of the incident when Mr Ewen was kicked while he was on the ground.

Richard Kelly, for Drake, said his client didn’t have a record for violence and had not previously served a custodial sentence.

He had become homeless and started drinking and taking drugs, which left him in debt to his dealers.

He had been kidnapped and badly beaten, which resulted in him having mental health problems and taking an overdose in January 2015.

He had been drinking in the night of the attack and had no recollection of it.

The incident was captured on CCTV and Drake was “thoroughly ashamed” of his behaviour after watching the footage.

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