A father-of-six kicked a man unconscious and continued to “rain” down blows as he lay motionless in what a judge described as a “sickening” attack.
Michael Daniels, 33, of Centurion Row, Castlefields, Runcorn, appeared at Chester Crown Court on Friday for sentence after pleading guilty to one count of Section 20 assault grievous bodily harm (GBH). The charge related to a “prolonged and persistent” attack on another man, Jake O’Hare, in the early hours of May 7 last year in “retaliation” over an earlier incident.
Oliver King, prosecuting, said trouble began brewing when Mr O’Hare had been walking along Church Street in Runcorn town centre past Wetherspoon to withdraw cash from an ATM when he saw Daniels, who “made a comment” about one of his friends and told Mr O’Hare “wait there, you’ve had it”. Mr O’Hare headed back to the pub where he had been drinking only to encounter him again while walking for a taxi home.
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This time Daniels threw punches, one of which Mr King said hit the other man on the head and he fell to the ground.
As Mr O’Hare tried to stand up, Daniels followed up with punches and a kick to the head, which is believed to have knocked him out, and Daniels then kicked him twice again to the head.
Friends tried to stop him, but Daniels landed three more punches to the head. He then walked around and then as described by Mr King, referring to CCTV footage, “rains down a further seven blows to his face”.
Mr King said: “The ferocity of the attack is such that one of the males the defendant is with runs towards the defendant and pushes him away from Mr O’Hare.”
The group appeared to “tussle” with Daniels as they tried to intervene because it was “clear” he wanted to attack again.
A passer-by tended to Mr O’Hare and supported his head, as efforts continued to deter Daniels, who “remonstrates with that male and leaves”.
CCTV operators helped police to find Daniels. Mr O’Hare was taken to Warrington A&E with cuts, swelling, and a broken nose and forearm requiring plaster.
Chester Crown Court was shown CCTV from the Halton Borough Council camera in the car park behind St Paul’s health centre and looking through the garden by Camden Buildings towards the taxi rank where the assault took place.
The time showed 4.20am.
In a victim personal statement, Mr O’Hare said he had lost eight weeks of income as a joiner due to his arm being in plaster, and he also needed another procedure to relieve pressure caused by the break on his nose leading to loss of sensation in his teeth.
Daniels was interviewed twice and when shown the footage answered “no comment” the first time, and then argued “self defence” at the second interview.
Matthew O’Neill, defending, showed a CCTV clip from minutes before the main attack and timestamped 4.16am, and said it showed Daniels and Mr O’Hare arguing and then the “complainant assaults the defendant”.
Mr O’Neill said: “It wasn’t an unprovoked assault on the complainant.
“There had been a retaliation that went over and above and beyond excessive self-defence.
“He knows his actions thereafter were completely out of order and unnecessary and very dangerous.
“He accepts that but I felt it important.”
He added Daniels deserved credit for his guilty plea - adding it had been delayed by the wait for medical evidence regarding the severity of the injuries, which he said were temporary and not “grave”.
Mr O’Neill said Daniels had a “very troubled upbringing” due to his parents being addicted to heroin and alcohol, meaning they haven’t had contact since he was a baby, while he himself was now the “main breadwinner” for his family as a father-of-six including three step children.
The defence barrister said Daniels’s previous convictions for assault were from when he was 13 and he hasn’t been in trouble since 2012.
He said Daniels was “remorseful” and a “man who’s learned the error of his ways - he has worked full time for the majority of his adult life and has been raising his children with his partner”, who had her own caring duties for her mother.
Mr O’Neill argued a suspended sentence with unpaid work could be imposed due to the “realistic prospect of rehabilitation”.
Mr King said Daniels had 18 convictions for 28 offences including common assault, drunk and disorderly, burglary and dishonesty, with the most recent for theft.
He said the assault on Mr O’Hare was “prolonged and persistent” and the use of a kick to the head could be regarded as a “weapon equivalent”.
Judge Patrick Thompson said the assault was too serious for anything other than immediate custody and sentenced Daniels to two years in prison.
The judge said there was a “confrontation” and told Daniels he “accepted you were assaulted first” and there was “some provocation”.
Judge Thompson, however, continued as he recounted the details of the further kicks and punches as Mr O’Hare lay unconscious, and as people tried to calm Daniels down but “there was no calming you down”.
He said: “People were trying to protect him, to calm you down.
“There was no calming you down.
“I counted five further blows to his face - a man lying effectively unconscious on the floor, at that stage extremely vulnerable.
“You had completely lost all sense of restraint, you had completely lost your temper.
“It was a horrible attack and you are very fortunate not to be standing here facing a case far more serious than this.”
The judge added the attack inflicted “unpleasant” injuries and took place while in drink, in a public place and involving a victim on the ground and “vulnerable”, also aggravated by Daniels’s previous convictions.
Judge Thompson said: “The offence was committed in a public place in Runcorn town centre and people who live in Runcorn, people who live in other areas, are sick and tired of seeing these sickening violent incidents in town centres.”
The defendant must also pay a £156 victim surcharge.
Daniels, wearing a black T-shirt in the dock, looked to his weeping partner in the public gallery as he was led away to the cells.
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