Jailed for smashing slab on man's head
The defendant was found guilty of wounding Talat Mahmood with intent to cause him grievous bodily harm at Direct Builders Limited, in King Street, Fenton, on the morning of June 18 last year.
A trial was originally held in June this year but it was postponed because an interpreter was sick.
But a retrial was held at Stoke-on-Trent Crown Court this week and Burhanuddin was found guilty of the charge.
He will be deported after serving up to half his sentence.
The defendant, of Victoria Road, Fenton, was one of three men who subjected Mr Mahmood to an assault. One man has never been caught, but Heyatun Rehman, aged 30, of Croston Street, Shelton, pleaded guilty at an early opportunity to common assault.
Prosecutor Neil Ahuja said the attack happened after Mr Mahmood went to the builder's yard to buy some sand.
Rehman came out of the offices and shouted at Mr Mahmood that he owed him £150.
"Mr Mahmood did not know what he was talking about, but he had previously bought windows from Rehman and said if he owed him money he would sort it out," said Mr Ahuja.
Mr Mahmood was then subjected to violence with Burhanuddin striking him over the head with a concrete slab with such force the slab broke.
He was also struck by Rehman. The evidence in the case suggested Rehman punched him with a knuckle duster but Judge Mark Eades was forced to sentence him for a common assault as that plea was accepted by the Crown Prosecution Service at the original hearing.
The court heard Mr Mahmood was left with a broken nose, a gash to the nose, cuts, abrasions and grazes to his chest, shoulder, arms and hands.
In his victim impact statement he said he has been left feeling nervous and looking over his shoulder and now suffers depression and breathing difficulties. He added the attack has affected his mood, sleeping pattern and day-to-day life.
The court heard both defendants had no previous convictions.
Joanne Wallbanks, defending Burhanuddin, said the attack was not premeditated, there was only one blow and Mr Mahmood was not left with any life threatening injuries.
Elizabeth Power, defending Rehman, said her client admitted hitting Mr Mahmood once to the face with a closed hand.
Judge Eades jailed Burhanuddin for five years and sentenced Rehman to a community order with 200 hours' unpaid work.
He said: "This was a dreadful assault on Talat Mahmood.
"Mr Mahmood was extremely lucky the injuries he sustained were as mild as they were. It could have easily have fractured his skull, or even killed him.
"He complained the assault on him was a joint assault and, on the face of it, a charge alleging joint enterprise against both of you would have been entirely appropriate."
Judge Eades ordered Rehman to pay £560 costs, telling him: "You can consider yourself as being a very lucky man."
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