Mablethorpe man is jailed for a year after kicking his victim unconscious after late night scuffle

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A man who kicked his victim unconscious during a late night scuffle in Mablethorpe High Street has been jailed for 12 months at Lincoln Crown Court.

The 23-year-old victim was attacked by Daniel Oxby after intervening in an altercation between two women during the early hours.

Phil Howes, prosecuting, said a number of other people became involved before Oxby joined in.

Oxby struck the victim and when the man fell to the floor, he kicked him which resulted to be a glancing blow in the face.

The victim received a fractured wrist when he fell to the ground and was knocked unconscious for several minutes.

Oxby then dialled 999 to get medical help before hailing a taxi and being taken from the scene of the assault.

He was arrested several months later after police identified that the 999 call was made from Oxby’s phone.

Oxby claimed he was abroad at the time when he was first spoken to but later admitted the offence.

Oxby,24, of Waterloo Road, Mablethorpe, admitted assault occasioning actual bodily harm as a result of the incident on August 18, 2012.

Judge Michael Heath told him: “You kicked this man to the head and he was unconscious for some few minutes. Mercifully no brain damage ensued from the kick.

“This court has said on many occasions that anybody who kicks somebody when they are on the ground and defenceless must go into custody.”

Saleem Khan, defending, said the assault occurred at a time when Oxby had turned to drink because of personal problems.

He said Oxby had since stayed out of trouble and was himself ‘sickened’ by what he did after being shown CCTV footage of the incident.

Mr Khan urged that Oxby be given the opportunity of a suspended jail sentence.