Pair jailed for five years for pub attack (From This Is Lancashire)

Pair jailed for five years for pub attack

6:54pm Friday 9th November 2007 in

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TWO men responsible for a violent attack in a pub have both been jailed for five years.

Mark Howarth underwent surgery for a broken tibia and still requires another operation after the unprovoked attack by Mintu Miah and David Kemp in the Bull pub in Nelson.

Preston Crown Court heard that following an altercation Miah and Kemp knocked Mr Howarth unconscious and then kicked and stamped on him.

During the violence on October 20 last year, Mr Howarth suffered a head injury, which led to him being detained overnight in hospital. In addition, he had a spiral fracture of the fibia.

The most severe injury, was the fracture to the tibia.

Miah, 36, of Cooper Street, Nelson, and Kemp, 33, formerly of Dover Street, Nelson, had both been convicted of grievous bodily harm with intent following a trial.

Both had previous convictions and Miah had served a four and a half year jail term.

His barrister, Kevin Donnelly, told the court it had not been a premeditated or pre-planned act of violence., and arose spontaneously.

The incident had not involved a weapon.

He said: "The defendant understands that a very substantial custodial sentence must follow. He is realistic about that.

"The offence occurred when he was still on licence from his previous substantial prison sentence, for a very different type of offending. As a result of the present offence he was recalled to prison to serve the balance of his licence."

Mr Roger Brown, for Kemp, said it appeared that the violence had arisen out of banter that became more unpleasant as time drifted on. An outburst of violence followed.

The prison term would be his first custodial sentence.

In passing sentence, Judge Pamela Badley told the pair that each of them, during their trial, had tried to distance themselves from what happened.

She said: "It was a serious attack which objectively, members of the public fail to understand because it all seemed to arise out of something utterly trivial and it escalated into a violent attack, just outside the main room of the pub".

Detective Constable Craig Smedley of Nelson CID said: "This was a good result following a protracted and intensive investigation that will hopefully send a message out that the police in Pennine Division will vigorously pursue all complaints relating to offences against any individuals.

"This successful conviction came about largely thanks to the co-operation of the victim and the witnesses who attended court to give evidence. I would like to express my sincere thanks to all those involved."