Two teenagers have appeared in court for their part in an ‘absolutely disgraceful’ attack in a supermarket which left the victim with a broken jaw, nose and cheekbone.
Kieran Moynihan and Damon Whittingham were involved in an assault which culminated in a Tesco Express store in Newcastle .
Stoke-on-Trent Crown Court heard 18-year-old Moynihan and another man targeted the victim as he and a friend walked alongside Higherland after going to the cinema in the town centre.
There was an exchange of words and, despite the victim saying he did not want any trouble, Moynihan threw a punch, knocking him backwards.
The victim was then punched by the second man. Prosecutor Gurpreet Rheel said: “The complainant’s nose was bleeding heavily and he was in shock. He was taken inside the Tesco store.
“Mr Whittingham then attended the scene accompanied by another individual and they entered the store. The complainant felt a push which caused him to be thrown into storage shelves by the door, although it’s not clear who pushed him.
“A number of assaults then took place around the area of the checkouts.”
The court heard Moynihan punched the victim twice more, while Whittingham, who was 17 at the time, kicked him. CCTV footage from the store, which showed the victim lying prone over the shop counter while the attack continued, was shown in court.
The victim was taken to hospital after the attack, which happened in May 2018, where his jaw was found to be broken in two places, and his nose and a cheek bone were also fractured. His head and face were left badly bruised and swollen.
The court heard he was put on a liquid diet for two weeks followed by four weeks eating only soft food, and had to take six weeks off work. His jaw has been left out of line and cannot be repaired.
In a statement read out in court, the victim said he was still struggling with the emotional effects of the attack. He said: “I have lost my confidence and I worry about going to new places. My self-esteem has been affected. I have constant flashbacks and get little sleep.”
Both men pleaded guilty to affray while Moynihan, who is now 19, of Lockwood Street, Newcastle, also admitted assault occasioning actual bodily harm.
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Catherine O’Reilly, mitigating, said Whittingham, now 18, of Wignall Road, Sandyford, and Moynihan had been drinking when the attack happened. She said: “Mr Whittingham came into the situation having been phoned by Mr Moynihan. His perception was that something was happening to his friend. He bitterly regrets his actions.”
Miss O’Reilly added: “Mr Moynihan has difficulties with a lack of familial support. He would like me to apologise to the victim on his behalf.
“He has now altered his ways, he does not go out drinking. He has been frightened by what he was capable of.”
Sentencing Moynihan to 16 months in prison, suspended for two years, Recorder Julian Taylor said he had avoided an immediate jail term by ‘a very, very narrow margin’. Moynihan must complete a 30-day rehabilitation activity requirement and 100 hours unpaid work, plus pay £500 in compensation to the victim.
Whittingham, whose girlfriend it expecting their first child in October, was handed a 12-month community order with a 20-day rehabilitation activity requirement and ordered to pay £500 compensation.
Recorder Taylor said: “This was an absolutely disgraceful piece of behaviour from both of you – really shocking. This kind of behaviour is an absolute menace to the public. It was not that late at night and there were other people in the shop. This would be a very frightening experience for people who were caught up in it.”
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