9:57am Friday 11th May 2007
By Gazette Reporter
A dad who launched a brutal attack on a man outside a pub has been jailed for three years.
Julian Brokenshire kicked his victim to the face as he lay on the ground before stamping on his head.
The 41-year-old then wandered off and later called the police to tell them he wanted to hand himself in for the assault outside Brewsters in Cepen Park.
But when he was told that there had not been a complaint about an assault he said: "I'll change my mind then" and laughed.
Richard Thomas, prosecuting, told Swindon crown court there was a history between Brokenshire and the victim James Hornett before the assault.
He said shortly after 10.30pm on Friday, January 19 Mr Hornett left the pub where he worked as a waiter and saw the defendant waiting outside.
Mr Thomas said that Brokenshire claimed he was not lying in wait but waiting for his wife and the prosecution had to accept that explanation.
He said there was then contact between the two men and they were seen by a witness wrestling on the floor.
The witness then described seeing Brokenshire kicking Mr Hornett to the face and then stamping on his head.
The witness then stepped in and told the defendant to stop, which he did and then wandered off to the nearby garage.
Later that night he dialled 999 and said he wanted to hand himself in but when he was told they had no complaint of an assault he changed his mind.
Mr Hornett was taken to the hospital where he needed a number of stitches to a wound on his face and was found to have damaged a tear duct.
He also suffered a 4cm scar on his forehead and two 2cm scars to his left cheek as well as pains to his rib and the psychological damage from the attack.
Brokenshire, of Newbourne Gardens, Lower Stanton St Quinton, pleaded guilty to a charge of grievous bodily harm with intent.
The court heard that he had a history of offending with previous convictions for affray, common assault, drunk and disorderly and possessing an offensive weapon.
And just 17 days before the attack he was put on a conditional discharge by magistrates for criminal damage to a door during a row with his wife.
Marcus Davey, defending, said his client had been provoked over a long period of time by the victim.
He said when the incident started Brokenshire had been acting in self defence but accepted he went too far when he used his feet.
Mr Davey said his client, who has mental health problems and is on incapacity benefit, was full of remorse for what he had done and had actually tried to hand himself in.
Jailing him Recorder David Lane QC said: "What you did was deliberately assault that man with intent to cause grievous bodily harm and you succeeded."
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