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Evening Standard
Evening Standard
National
Rod Minchin

Man jailed for killing brother with single punch in drunken fight at motocross

Ben Starr was jailed for two years for the manslaughter of his older brother Lee (Wiltshire Police/PA) -

A man has been jailed for two years for killing his brother during a drunken fight.

Ben Starr, 35, inflicted a single fatal blow to his brother Lee at a motocross event in Swindon in August last year.

Lee Starr, 38, suffered a fatal head injury at the Foxhill motocross event in Upper Wanborough and died later in hospital.

At a previous hearing Ben Starr, of Woodside Avenue, Ripley, Derbyshire, pleaded guilty to manslaughter after asking for a “Goodyear Indication” from a judge – the maximum sentence he could receive.

At a sentencing hearing on Thursday Judge Peter Blair KC, The Recorder of Bristol, jailed him for two years.

Sam Jones, defending, said at a previous hearing: “This case on the facts is, in any view, a tragic case.

“Both the defendant and his brother were intoxicated at the relevant time.

“One of the eyewitnesses to the incident, the defendant’s father, refers to in his witness statement of Lee after having punched his brother on two occasions and after the two of them end up on the ground, with the defendant restraining his brother, after which they are separated, he sees Lee direct a kick and a punch towards the defendant.

“The defendant in his own interview with the police describes that kick and punch connecting with him.

“But it is accepted on his behalf that the only evidence of those blows connecting come from him.

“The witnesses at the scene see a kick and a punch directed towards him but not connect with him.

“The basis of plea put forward on the defendant’s behalf is that after the two are separated and after the attempted kick and punch are thrown, the defendant then accepts in that context throwing the single punch which he did, which caused the injury.”

At that hearing Robin Shellard, prosecuting, said the guilty plea to manslaughter was acceptable.

In a statement read to the court, Lee Starr’s wife Jaye said: “(Lee) was cruelly and senselessly taken from me and our children.

“I never imagined I would be forced to put into words the unbearable grief that now defines our lives.

“We had a future full of hope, love and dreams together. But that future was stolen from us in a horrific moment, and now every single day is a fight just to keep going without him.”

Detective Chief Inspector Phil Walker, who led the investigation, said: “Our thoughts remain with the family and loved ones of Lee, who has lost his life in such tragic circumstances.

“A life has been cut short following what should have been an enjoyable weekend at a family event. A single punch has ruined the lives of a family.”

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