A man used a ‘level of force that was excessive’ when he punched his cousin, who was the new partner of his ex-girlfriend, a court has been told.
Ben Aaron Crickmar, 26, of High Holme, had denied assaulting Timothy Clay by beating but was convicted after a trial in October and was appearing at Skegness Magistrates Court for sentence.
Jim Clare, prosecuting, said that at 5.25pm on July 27, Mr Clay was walking down Queensway in Louth when he saw his ex-partner drive past him and then saw Crickmar, who was his cousin and who was now in a relationship with her.
It was said that Crickmar called out to him, called him a ‘nonce’ and then came up and punched him around the head and face, calling on him to fight back which he wouldn’t.
Mr Clare said Crickmar took his shirt off and continued punching Mr Clay until he fell to the ground.
He said Mr Clay had cuts and swelling to his forehead, a cut on his nose and cuts, swelling and bruising to his left arm.
Defending, Lauren Fisher said there was a great deal of history between the two men and that Mr Clay had in fact called Crickmar over, backed him into a corner and he had felt threatened which he was why he had punched his way out of it.
Miss Fisher told the magistrates that when he was convicted, the magistrates then said that they had done so because ‘the level of force used was excessive in the circumstances and we do not accept that it was self-defence.’
She also told the court that there had been no contact between the two men since this incident but Crickmar accepted that he had a temper and at times flared up.
Crickmar was given a 12 month community order and ordered to carry out an anger management programme.
He was also ordered not to contact Mr Clay and also to pay him £200 in compensation and £100 towards the costs of the case and a £60 victim surcharge.