When Is This Going To Be Classed As Attempted Murder?

Jamie Kirby, of Far Ings Road, Barton-Upon-Humber, pleaded guilty to causing grievous bodily harm at Grimsby Crown Court.

The court heard Kirby, 18, subjected Wayne Towle, 45, to a sustained, unprovoked attack that saw him repeatedly kicked and punched to the head and face.

He didn’t die, but he did suffer severe lasting damage.

His victim has been given a 50 per chance of suffering severe arthritis in the long-term and still has to walk with the aid of a walking stick.

And this attack was completely unprovoked, prompting the judge to note the blindingly obvious:

During sentencing, judge Jeremy Baker QC described Kirby as a man with a troubling pattern of behaviour who posed a risk to members of the public.

"You are what can be described as a dangerous offender," he said.

Well, indeed!

Mr Semple said: "Mr Towle was out enjoying Christmas drinks at lunchtime and left in the late afternoon. The next thing he remembers was waking up at Scunthorpe General Hospital.

"He had suffered a fracture to the neck and his right femur that required surgery and screws to be inserted.

"He also had two teeth knocked out, three severely loosened, swelling to the right-hand side of the face and bruising."

The attack was unprovoked, brutal and sustained.

Mr Semple told the court that members of the public witnessed Kirby throw two or three punches to the complainant's face and stomach before the pair fell to the floor with Mr Towle's head facing upwards.

The court heard Kirby then delivered three football kicks to the back of his head.

Mr Semple said: "He went to position himself at the back of the head and delivered three football kicks to the back of the head. Witnesses say it was like someone taking a penalty.

"Kirby was then heard to shout, 'you are not so hard now are you?'

"He then delivered a further two to three kicks to the complainant's chest and stamped on his face two or three times in quick succession."

Mitigation for this should be interesting:

Andrew Bailey, mitigating, said Kirby should be given credit for his guilty plea at the earliest opportunity, his age and his genuine remorse.

Ah. Forget ‘interesting’. Let’s go with ‘scraping the barrel pathetic’, shall we?

Mr Bailey said: "He accepts this was a sustained assault fuelled by drink and cannabis.

"He admits he drinks to excess and can't deal with this, and his cannabis misuse seems to be a factor."

*shakes head*

He was sentenced to a four-year custodial sentence. He will serve half of this in prison, and will then be on licence for four years, meaning he could return to jail if he commits a further offence in that period.

Kirby was also given a 12-month concurrent sentence at a young offender's institute for previous offences whose penalties were activated by the latest offence.

*sighs*

What’s it going to take?