Man is spared jail over 'unforgivable' Oswestry attack

Tommy Lewis, aged 33, of Blackbrook Drive, Ruabon, admitted a charge of assault causing grievous bodily harm to Daniel Stanton at Shrewsbury Crown Court.

Judge Anthony Lowe said that because of the length of time that had elapsed and Lewis's good behaviour since, he was suspending his prison sentence instead of jailing him immediately.

Lewis's co-accused, William Rowbotham, aged 38, of High Lea Close, Oswestry, had also pleaded guilty to assault causing actual bodily harm to Mr Stanton's partner, Joanna Lewis.

Judge Lowe was told that Tommy Lewis had been joined by Rowbotham in going to the home of Ms Lewis and Mr Stanton in Oswestry, on March 30, 2019.

Lewis's barrister, Nicholas Tatlow, said the catalyst for the incident was Tommy Lewis being upset over an earlier incident where his mother had been attacked at a pub in the town, with Joanna Lewis believed to have been responsible.

Mr Tatlow said that case against Joanna Lewis had not been prosecuted because it had passed the time limit for common assault proceedings to take place.

David Jackson, prosecuting, said that Rowbotham and Tommy Lewis, along with his partner Rebekah Jones, had gone to the home of Ms Lewis and Mr Stanton shortly after 7.30pm.

He said that after answering the door to Rowbotham Ms Lewis had heard Tommy Lewis shouting "What have you done to my mother?" and "Who do you think you are, kicking my mother?".

Mr Jackson said Rowbotham had pushed his way into the house and grabbed Ms Lewis buy the throat, causing her to fall to the floor.

The court was told Tommy Lewis then stepped over her and punched Mr Stanton in the face.

Mr Jackson said the blow "knocked him back and his head hit the door frame with a sickening crack".

He added: "His eyes rolled back in his head and he was twitching and making gurgling noises as he fell."

Judge Lowe heard that Mr Stanton than banged his head on the hard floor, with Tommy Lewis saying: "Do not mess with my family again."

After Rowbotham and Tommy Lewis left the house an envelope was found containing £980 – which had both men's fingerprints on it.

Mr Jackson said the attack has had a long lasting impact on Mr Stanton, with him suffering bleeding on the brain and requiring several days of checks in hospital following the incident.

The court was told he was off work until the following January, and had required help with "everyday activities such as washing and dressing".

A victim impact statement from Mr Stanton said the time following the attack had been "extremely difficult".

He said: "At times I have felt unable to carry on. Support from family and friends keeps me focussed on moving forwards with my life."

Ms Lewis had suffered bruising and whiplash from the attack, and said the incident was a "terrifying ordeal for me and my family, being attacked in my own home".

Mr Jackson said Ms Lewis was off work for 61 days after the incident and had suffered from anxiety since, installing CCTV and alarms at their home.

Mr Tatlow, mitigating, said Tommy Lewis was a man of no previous convictions, and deserved credit for pleading guilty to the offence, adding that at the time he was in a "considerable state of emotional turmoil and distress" over the attack on his mother.

He added that the incident had not been a prolonged attack, involving only a single blow, and that he had expressed genuine remorse for his actions.

Robert Edwards, mitigating for Rowbotham, said he had pleaded guilty to the offence and had stopped drinking, which was "the catalyst behind his offending".

Sentencing, Judge Lowe said: "What you did in March 2019 was unforgivable. You go round to someone's home and each of you inflict violence on the householders in their own home."

Addressing Tommy Lewis, he added: "Twenty months is what you deserve, there is no doubt about that. Although it is a single blow I am afraid you have to take the consequences of what that can result in. In some cases it can result in very little, in some cases it can result in a charge of manslaughter."

Judge Lowe said "I am torn between what you deserve and somehow balancing that with the fact I am dealing with something that occurred four years ago."

He said that in the time since, Tommy Lewis had demonstrated that the incident was a "one off".

Lewis was sentenced to 20 months, suspended for two years, and will be required to pay £7,500 compensation, costs of £1,200, and a victim surcharge of £140.

Rowbotham was sentenced to 12 months custody, suspended for two years, and must pay £1,500 compensation, £1,200 costs, and a victim surcharge or £115.

Both were made subject of a five-year restraining order not to contact the victims.