Man jailed for 15 months for metal bar attack on ‘good Samaritan’ in Louth Town Centre

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A good Samaritan was attacked with a metal pole in Louth after going to the aid of a woman in distress, Lincoln Crown Court was told.

Matthew Moss, 26, was walking through Louth in the early hours looking for food after leaving Samuel’s Bar in Eastgate, the court heard on May 21.

Andrew Scott, prosecuting, said that Mr Moss, who was with his sister and her partner, was on Newmarket when they noticed a couple arguing outside a petrol station.

The woman was left crying and Mr Moss went to her assistance. The court heard that as he asked how she was she responded by head butting him.

Mr Scott told the court how, moments later, Byron Toyne, who had been arguing with the woman, appeared armed with the metal pole.

He said Toyne swung the pole hitting Mr Moss in the face causing him to fall into a parked car and then struck a second blow before fleeing.

Mr Moss suffered cuts and bruises to his face and was taken to the Diana Princess of Wales Hospital in Grimsby where he received treatment before being discharged.

When he was later arrested Mr Scott said Toyne denied he was involved and claimed he was in bed at the time.

But in court Toyne, 28, of Guildford Street, Grimsby, admitted assault occasioning actual bodily harm as a result of the incident on May 31, 2010. He was jailed for 15 months.

Judge Michael Heath told him: “This was an entirely unprovoked assault committed at night-time in Louth town centre and committed with a weapon.

“The only sentence I can justify for an offence of this type is custody.”

Liz Harte, defending, said Toyne was only charged in July 2011 and has since spent almost two years on a night time curfew while on bail awaiting his court appearance.

She said he had not committed any further offences during that time and had ‘shown he is capable of keeping out of trouble’.