A Workington man has been locked up for kicking a contractor repeatedly in the head during an attack in which left the victim on a hospital ventilator.
Drunken Kyle Smithson, 20, lashed out at the off-duty contractor, who had gone drinking after finishing a day’s site work before heading back to his town hotel.
The victim asked for directions and was shown the way by two people. They included a former partner of Smithson, who then approached on Pow Street and shouted at the woman.
As she tried to push Smithson away, the victim intervened. CCTV captured him throwing the first punch, leaving the scene and then, during a second incident, holding a piece of wood which he used to strike Smithson.
As the two men began to fight, they went to the floor at which point Smithson kicked the victim repeatedly to the head. Smithson left the scene once an unidentified third party joined in the attack.
The victim suffered multiple facial fractures, extensive bruising, a laceration to his upper lip and tongue, and “degloving” of the lower lip.
“Both the tongue and lips had to be sutured,” said prosecutor Brendan Burke. “He was in hospital from the night (Monday) to the Friday. He had to be intubated, connected to breathing apparatus because of fears that the tongue injury would progress to constriction of the airway.”
He was unconscious for two days and, in an impact statement, described the adverse impact in the aftermath and being off work for months, and in pain.
Smithson handed himself in and admitted causing grievous bodily harm. Kim Whittlestone, defending, told the court he always maintained the victim was the aggressor. But she said: “He fully accepts he responded in a way that can only be described as appalling.”
Heartfelt letters were presented to the court by Smithson, of Rowe Terrace, Workington, and his partner. These, along with a glowing reference from his employer, supported the assertion he was “trying to better himself”.
Judge Nicholas Barker accepted his attitude in all other regards had been laudable.
“But on this night you were heavily intoxicated and you behaved in an extremely violent and dangerous way,” said Judge Barker as he imposed 18 months’ custody.
“Kicking a person to the head whilst on the ground can result in tragic consequences and many individuals have perished as a result of such attacks.”
