CCTV image of street attack (From This Is Lancashire)

CCTV image of street attack

8:59am Tuesday 8th April 2008 in

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THIS is the moment a drunken teenager used his foot on a defenceless man on the ground.

Thomas Oakes left his victim with a black shoe scuff mark to the side of his face.

The incident was caught on film by a CCTV camera outside a takeaway.

But Oakes, aged 19, of Leigh Road, Westhoughton, escaped a prison sentence after a Crown Court judge concluded that he was not kicking out at Jonathan Toher, but was using his foot to push him back down.

He was given a six-month suspended sentence after pleading guilty to assault causing actual bodily harm and affray.

Mr Toher and a friend, Craig Tourney, both aged 21, were at a takeaway in Bridge Street, Warrington, at 5am on January 6 when the attack happened.

David Jones, prosecuting, at Warrington Crown Court said Mr Tourney was outside the takeaway when he saw the defendant chasing a man down the street.

He heard Oakes ask What did you say?' and was then headbutted to the right side of his face, suffering a half-inch long cut which needed stitches.

Mr Toher, who had been inside the takeaway, came out to protect his friend and stood between the two men.

The court was told that it was unclear how Mr Toher ended up on the ground, .

Mr Jones said: "Mr Toher described being kicked to the head, sustaining a stiff neck and a black shoe scuff mark to the side of his face."

But Nicholas Ross, defending, produced an extended version of the CCTV footage previously unseen by the prosecution.

Mr Ross said: "There were two attempted kicks. One was a step over and the other was a half-hearted kick that did scuff or graze the victim, but this was very much a withdrawing kick with a change of heart."

Mr Ross told the court Oakes, who has no previous convictions, had just had five drinks, which he described as an ordinary Saturday night for him.

He said the defendant suspected his drinks were spiked, as he has no memory of the attack.

Oakes, he said, was honest, fair and well-liked and was "appalled, shocked, disgusted and remorseful" over his actions.

Judge Nicholas Woodward said: "It is my view that if you kick someone on the ground, unless there are exceptional circumstances, you go to custody.

"My initial viewing was that these were conventional lashing out kicks, but after this other viewing I say you were trying to push him back to the floor.

"Had this been a deliberate kick, he would have been likely to suffer a real injury because of it.

"I take the view that this is totally out of character, you are full of remorse and why you acted as you did that day will forever be a mystery.

"From what I have read about you, it is unlikely that you will ever come before the court again."

He gave Oakes a six-month sentence in a young offenders' institute, but suspended the sentence for 12 months.

He was also given 200 hours' community work and ordered to pay £550 compensation.