Dad 'floored' rival with a single blow

A 30-YEAR-OLD dad has avoided prison after fracturing a man's skull during a drunken city centre fight.

Kevin Burton had been on a night out when he floored Richard Birks with a single blow as they argued in a car park.

They had fallen out after Burton accused Mr Birks of having an affair with this girlfriend.

A judge yesterday ordered Burton to pay his victim £2,500 compensation after Mr Birks spent almost a week in hospital receiving treatment.

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Stoke-on-Trent Crown Court heard the two bumped into one another by chance in Hanley.

Prosecutor David Bennett said: "Both had been drinking heavily. The defendant began asking the complainant questions about his partner.

"Mr Birks said they were just friends and nothing had happened between them.

"An argument began and Mr Birks punched Mr Burton's friend. He then walked away.

"Mr Burton followed him to a nearby car park to confront him. Mr Birks aimed a punch at the defendant but it did not connect.

"Mr Burton then punched the complainant in the face, knocking him to the floor.

"The next thing the complainant recalled was waking up in hospital."

The court heard Mr Birks suffered a fractured temple, a fracture to the rear of his skull and bruising to the brain. He was in hospital for six days following the assault, which took place on May 5 last year.

The defendant was arrested and later pleaded guilty to causing grievous bodily harm.

The court heard he had previous convictions for four offences including causing actual bodily harm and possession of a knuckle duster, but these dated back to his teenage years.

However, he had received a caution for possessing cocaine the week before he attacked Mr Birks.

Andrew Turnock, mitigating, said Burton was a hard-working member of society, and the assault was out of character.

"He has been in a stable relationship with his partner, the mother of his four-year-old child, for 12 years," he said.

"He has a mortgage and employment, in all respects he has been living a stable life.

"This incident is entirely isolated with regard to his general behaviour."

Judge Paul Glenn said he was prepared to give Burton, of Carron Street, Fenton, a suspended sentence. He said: "This was not an entirely unprovoked assault, as was originally suggested by the Crown.

"However, you are a well-built man and you clearly struck a powerful blow.

"The fact your friend was assaulted does not justify your actions. You took the law into your own hands."

Burton was handed a 12-month sentence, suspended for 18 months, with six months supervision. He must complete 200 hours unpaid work and adhere to a curfew between 9pm and 4am for three months.

As well as £2,500 compensation, he will pay £1,200 costs.