A Harrogate businessman has narrowly avoided jail after breaking a man’s jaw with a single punch – apparently because the unsuspecting victim was wearing an orange hat.
Robert Darling, 27, who was unknown to the victim, sidled up to the man who was sat talking to friends outside a pub in Starbeck and struck him to the side of the face, knocking him to the ground.
Prosecutor Sam Roxborough told York Crown Court it was a split-second, “entirely unprovoked” attack for which there was still no explanation as there had been no animosity between the parties and they were strangers.
Tests in hospital showed that the victim had a broken jawbone. Doctors inserted bands into his jaw which meant the victim was unable to eat solid food.
The “bizarre” incident occurred outside the Prince of Wales pub in High Street at about 11.30pm on March 24 last year, just after Darling had been “play-fighting” with his mate.
“[The victim] was sat at a table outside the front of the Prince of Wales pub in Harrogate, speaking with friends,” said Mr Roxborough.
“As he was talking to his friends, the defendant punched him to the side of the face. That was entirely unprovoked and the (victim) did not see the punch coming as he was facing in the opposite direction.
“The impact knocked him off his seat and onto the floor. He felt immediate pain to the side of his face.”
After the man got back to his feet, Darling, from Killinghall, returned, shook his hand, hugged him and apologised, even offering him the chance “to punch him back”.
The victim, fearing further violence, promptly left the pub, reported the matter to police and gave them a description of his attacker.
An officer recognised Darling from CCTV footage of the attack as he had been involved in a “previous police incident”, although he had no previous convictions.
Darling, a self-employed electrician who ran his own business, was arrested and charged with wounding or inflicting grievous bodily harm. He admitted the offence and appeared for sentence today.
Mr Roxborough said the victim took himself to hospital three days after the attack after his jaw began to swell and he was unable to open his mouth. Tests showed he had a fracture to the side of his jaw and he was referred for consultation with a facial-surgery team.
Defence barrister Ian Hudson said that Darling, a married father-of-two, could offer “no explanation” for the “very unusual” incident.
Judge Simon Hickey told the defendant:
“The pub is well-known in Harrogate. There were lots of people milling around and other people walking in the street.
“CCTV footage shows you in a white shirt play-fighting with another friend in a black shirt. You both seem to exchange some words… and then you turn and face your unfortunate victim who is simply wearing an orange hat and dressed differently to you.”
Mr Hickey said it was hard to fathom why Darling would “walk several paces” up to a man he had never met before and “inflict one heavy blow to his face which knocks him off his chair and his feet”.
Notwithstanding the fact that Darling was “extremely drunk”, the only feasible explanation for the attack was that the victim was “dressed differently to you” and was conspicuous by his orange hat, added the judge.
However, Mr Hickey said he had also noted glowing character references which spoke of Darling as a hard-working man whose behaviour that day was out of character. He had no previous convictions and was the main breadwinner for his family.
He said it had been a “close-run thing”, but he had decided to give Darling a chance to stay out of jail.
Darling, of Heather Court, received an eight-month prison sentence, but this was suspended for 18 months. He was told he would have to carry out 200 hours of unpaid work and complete 15 rehabilitation-activity days, along with a 120-day alcohol-monitoring programme.
He was ordered to pay the victim £2,500 compensation.
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