TWO brothers who launched an attack on a man who was hit in the back of his head with a glass have avoided being sent to jail.
Sean King, 30, and Ryan King, 28, both of Latham Avenue, Newton-le-Willows, were sentenced at Liverpool Crown Court.
Both had pleaded guilty to a charge of affray at an earlier hearing in relation to the “public disorder” incident, in which victim Paul Scott suffered “serious injuries”.
Prosecuting, Peter Killen told the court how violence broke out at Mr Scott’s home in Newton-le-Willows on the night of January 4, 2020.
The court heard Mr Scott was “punched several times” and “struck to the back of the head” with “a glass”.
Mr Scott’s partner Kylie Gregory also suffered “swelling to the jaw and a mark under her eye”, the court was told.
Mr Killen said: “The situation was that on the night of January 4 Mr Scott and his partner had been on a night out and returned home with some friends.
“It seems that Ryan King was invited and Sean King attended and when they attended there was an obvious immediate tension.”
After it had seemed that “things were made up”, things took a “turn for the worst”, the court was told.
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It was said as both defendants were “asked to leave” that Sean King “made a threat to Paul Scott”.
Mr Killen said that there was a “tussle during which he (Mr Scott) was overcome and blows were struck. He felt a sharp pain on the back of his head, there was damage to the living room.”
He added: “Mr Scott didn’t think he lost consciousness but felt incredibly dizzy and he went outside and found his partner on the floor”.
He suffered “swelling and bruising to his face, a broken nose and lacerations to the back of his head.” His injuries also included a “fractured eye socket”.
Mr Killen added: “Ryan King was the only other person in the living room when Mr Scott was tussling with Sean King when he felt a blow to the back of his head.”
The court heard Ryan King “denies” hitting the victim with a glass.
Passing sentence, judge Garrett Byrne made reference to the victim impact statements in which Mr Scott and his partner spoke about the “stress” the attack has caused and “how it has affected their lives”.
The judge said to Sean King he accepted “you were struggling with your life” at the time of the incident and “were certainly drinking at the time and “you have contact with a three-year-old daughter”.
He added: "You have reduced your alcohol intake which is good to see, you have certain medical difficulties" and said Sean King poses a "low risk of reoffending".
The judge said to Ryan King "you have no previous convictions" of "related matters" and also had a "low risk of reoffending".
He added: "I've read references which speak highly of you both and they all said this was a very much out of character event."
The judge added this was "a serious case of public disorder, I'm satisfied that it was instigated by both of you."
He said the starting point for the brothers’ sentence would be two years' imprisonment, reduced to 15 months due to "mitigation" and their guilty pleas.
Judge Bryne added: "There are good prospects of rehabilitation […], I can therefore suspend that sentence, and that is what I am going to do."
He imposed a 90-day alcohol abstinence monitoring requirement, a two-month electronic tag, restraining orders for them not to contact their victims and 40 days of rehabilitation activity.
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