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Liverpool Echo
Liverpool Echo
National
Neil Docking

Punter who attacked sex worker celebrates after being spared jail

A punter who assaulted a sex worker during an argument in his car today avoided prison.

Martin Labun was said to have punched the woman in the face several times, before another worker tried to drag her out of his car.

The victim, who feared she would be "raped or worse", was left traumatised and suffered bruises to her right eye and right cheek.

READ MORE: Slimy bully tried to play his murder trial but fooled no one

But the 40-year-old attacker was spared jail after prosecutors accepted a guilty plea on the basis he caused the injuries "recklessly".

He ran out of Liverpool Crown Court this morning and yelled in celebration as he sprinted across Derby Square.

The incident unfolded when the sex worker - who the ECHO has chosen not to name - was in Molyneux Road, Kensington, where Labun was sitting in a car, on November 24, 2020.

Robert Wyn Jones, prosecuting, said: "She approached and got into the vehicle. There would appear to be a conversation about a sexual act.

"That has appeared to have gone wrong and the defendant punched her several times to her face."

He said a "colleague" of the victim intervened and tried to "drag" her out of the car, but was unable to, so flagged down a passing police car.

Mr Wyn Jones said officers arrested Labun, who they described as "intoxicated".

Photos showed the victim suffered bruising to her right eye and swelling to her right cheek.

Mr Wyn Jones said: "She describes being in great fear when she was being attacked and worried maybe she was going to be raped or worse.

"She has suffered psychologically since then, dealing with the trauma."

Labun, of Dacy Road, Everton, has one previous conviction for drink driving.

He was originally charged with causing grievous bodily harm to the victim and with the assault by beating of her colleague.

However, on the opening day of a trial he admitted the lesser offence of assault causing actual bodily harm against his victim.

The prosecution offered no evidence on the causing grievous bodily harm charge, for which a formal not guilty verdict was recorded, and asked for the assault by beating charge to lie on the file.

Mr Wyn Jones suggested the victim was "particularly vulnerable because of her circumstances, out late at night in that profession" and said an aggravating feature was Labun was under the influence of alcohol.

Martin Labun, 40, of Dacy Road, Everton, assaulted a sex worker (Liverpool Echo)

Judge Anil Murray today questioned whether it was said the assault involved "deliberate punching", because the Crown Prosecution Service had previously accepted his basis of plea, which said the injuries were caused "recklessly".

The judge said in his basis of plea Labun said "he believed that the complainant was intending to leave with the money".

He said Labun stated "we struggled - in the process I caused the injuries" and it was "reckless rather than intentional".

Mr Wyn Jones said he didn't suggest it was anything more than reckless.

The judge replied: "Intentionally punching someone to the face is not reckless, it's intentional. It's deliberate punching to the face."

Mr Wyn Jones said it was accepted it was not deliberate punching.

Ken Heckle, defending, asked the judge to follow the recommendation of a Probation Service pre-sentence report and spare his client jail.

He also asked for 10% credit off the sentence for his client's guilty plea, on the opening day of a trial.

Judge Murray told Labun: "What is important in this case is you have pleaded guilty on a basis and I am going to sentence you on that basis because the prosecution have accepted it. That means this case now looks very different to how it started out.

"Your basis in short is there was a discussion about sex, you handed over money and thought the complainant was going to leave with your money, there was a struggle and the injuries were caused recklessly.

"Those injuries were bruising, there was thought to be a possible fracture, but that was not confirmed."

The judge said the victim was "particularly vulnerable" but he also took into account Labun's "good character" and "in particular the basis of your plea and the reckless nature of this assault".

He added: "The complainant has been left very scared, worried about her vision, and it's affected her sleep and confidence."

Referring to the pre-sentence report, Judge Murray said Labun had a partner who has two children, that he had a "good work record", and was assessed as "a low risk of reoffending".

He gave him nine months in jail, suspended for two years, with a 15-day Rehabilitation Activity Requirement and 100 hours of unpaid work.

Judge Murray also made a three-year restraining order to protect the victim.

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