Pair avoid immediate jail term after ‘sustained assault’ on man in Bourne

Lincoln Crown Court.
Lincoln Crown Court.
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Two men involved in a street attack in Bourne where blows were “rained down” onto their victim have been spared immediate jail sentences today.

Lee Dobney (24). of Park Lane, Surfleet, and James Ellis (24), of South Drove, Quadring, carried out the attack after another man had earlier been asked by Ellis to “go and have a chat”.

Victoria Rose, prosecuting, said the victim declined the offer and made his way to a car park in Abbey Road, Bourne, where he had parked his vehicle.

Miss Rose said “As he reached his car, he was approached by Dobney who made a reference to an incident six months previously.

“Ellis punched the man with his clenched fist just above his right eye.

“The victime fell to the floor and whilst on it, he described a rain of punches coming down onto him and kicks to his body.

“He is aware there was a stamp to the side of his knee at one point.”

The victim suffered facial injuries, including swelling to his forehead and the bridge of his nose, swelling to his right eye and a graze to the right eyebrow.”

Miss Rose said there had been ill-feeling between Dobney and the man attacked going back to a time six months earlier when he had been in a relationship with Dobney’s former girlfriend.

“There was an incident between the two men which resulted in ongoing animosity between them,” Miss Rose added.

Both Dobney and Ellis each admitted assault occasioning actual bodily harm as a result of the incident on December 19, 2014.

Neil Sands, for Dobney, said his client apologised and is remorseful for what happened.

“He completely and utterly apologies for behaviour and he accepts it was completely wrong,” Mr Sands said.

“Mr Dobney states that he did not deliver the kicks but he was part of a group enterprise.

“He is ashamed at what took place that night which was out of character.”

Andrew Cogan, for Ellis, said he was in the Army for seven years and saw active service in both Afghanistan and Iraq before leaving with an unblemished record.

Mr Cogan added: “He has now lost his good character as a result of his guilty plea and he is truly remorseful.”

Since the incident, according to Mr Cogan, Ellis has obtained a job working in London and has good prospects of making a success of his new life.

Dobney was given a 12-month jail sentence suspended for a year, with 120 hours of unpaid work and an order to pay £500 compensation to his victim.

Ellis was given a 16-month jail sentence suspended for a year, with 180 hours of unpaid work and an order to pay £500 compensation to the injured man as well.

A third man, not named in court, was alleged to have been involved in the incident but was not prosecuted.

In sentnecing Dobney and Ellis, Judge Michael Heath told them that Ellis had been given the more severe sentence because he only entered his guilty plea on the day of trial. whereas Dobney admitted the offence at a hearing in October last year.

“This was a sustained assault, there were three of them and they beat him up,” the judge said.