A man kicked, punched and bit another man in a "despicable" unprovoked attack.
Neil Nethercott was waiting to be picked up as he waited on a bench outside Birkenhead station at around 8pm on June 17 last year. But when a heavily intoxicated man appeared things soon turned sour.
Chay Short, 32, of Mulberry Road in Rock Ferry, appeared before Liverpool Crown Court today on June 14 where it was heard he was to be sentenced for ABH. Short approached Mr Nethercott that evening and began talking to him.
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But prosecution Simon Christie told the court that "completely without warning and unprovoked", Short began to attack the then-65-year-old and was "punching him". Mr Christie added that the victim was "knocked to the floor" and kicked during the attack which lasted for several minutes.
As well as several blows with his fists, Short also bit the victim's left ear "very deeply", leaving it disfigured. Mr Christie said several people tried to intervene but eventually, police were called and Short was arrested. He was interviewed the next day but "had no recollection".
Mr Nethercott was taken by ambulance to hospital where his ear injury was "most worrying". In a victim personal statement read out to the court by Mr Christie, it was heard the experience has been "extremely upsetting".
He added: "Since the incident he has been left feeling heavily vulnerable particularly on his own." The court heard he has been "constantly looking over his shoulder" and was required to undergo counselling.
Defence Counsel Andrew McInnes said there was "no reason why he (Short) has attacked" but added he was under the influence of alcohol at the time. He said Short, who appeared emotional in the dock, had been described as a "non confrontational man".
However last year, it was coming up to the anniversary of his nan's death, which impacted his mental health and "alcohol was his crutch".
His Honour Judge Aubrey KC said the court had to make a "finely tuned assessment" of the relevant information when sentencing. Addressing Short, who was emotional in the dock, the judge said he would not be entitled to full credit as he had not entered a guilty plea at the first opportunity.
He did however receive some credit for entering a guilty plea at a later stage. He added: "It may be that you had not been properly advised at that stage but you are not entitled to the credit that would've been afforded to you if you had pleaded guilty."
Judge Aubrey described it as a "despicable attack on a solitary 65-year-old" and that it was "prolonged and persistent." He said: "He was simply sitting on his own outside Birkenhead Central Station at about 8 o'clock in the evening. What then happened was an attack upon a vulnerable person, a defenceless person.
"You were, there's no doubt whatsoever, severely intoxicated."
However the judge added that Short was "deeply ashamed and deeply remorseful" and had appeared in the dock with "your head in your hands and bowed". When sentencing, the judge took into account that Short was described as "anything other than a peaceful, law abiding young man with no suggestion of any aggressive tendencies whatsoever."
The court heard how from the age of 14, his grandmother was like a mother figure to him and the year before the incident she died. Judge Aubrey said: "You perceive or believe, wrongly in my judgement, that you were responsible for your grandmother's death.
"After your grandmother's death, you took solace in alcohol."
In what was described as a "finely balanced" decision, Short has handed a 16-month custodial sentence, suspended for two years. He was also ordered to undertake a rehabilitation requirement and 200 hours of unpaid work. He must also pay £1,000 in compensation.
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