A teenager involved in a violent attack on a man who died after being punched by one of his friends outside an Ipswich takeaway has been given a conditional discharge.
Sentencing the 17-year-old, Judge Martyn Levett said the youngster was one of three young men who had “piled in” on 45-year-old Richard Day when he was already fatally injured.
“Your conduct now represents an all too common violent incident on our streets in Ipswich, late at night, outside night-time economy outlets such as takeaways and blighting the reputation of our quiet Suffolk town,” said the judge.
He said that after the youth’s co-defendant Andrea Cristea had punched and kicked Mr Day, the teenager had thrown three punches and a kick - which contributed to Mr Day falling to the ground outside Kebapizza, in St Matthew’s Street, at around midnight on February 22 2020.
Mr Day had then been further kicked by Cristea and a third defendant, Alex Stan.
The youth had denied violent disorder but was convicted by a jury at Ipswich Crown Court on Thursday (September 9). He was cleared of manslaughter after an earlier trial.
Sentencing him to a conditional discharge for 12 months, Judge Levett said the youth - who was 16 at the time of the offence and has no previous convictions - had spent six months in custody during the pandemic.
He had also spent the last 12 months on an an electronic curfew, which was the equivalent of nearly two years custody.
He said “extreme” limitations were placed on a judge when sentencing youths under 18 and the sentence had to be focused on the defendant, not the offence.
Judge Levett said he had read moving statements from members of Mr Day’s family and added: “Every crime which results in the death of another person leaves families in a bereaved state for many years to come and brings home to everyone that killing harms many others around the deceased.
“Whilst you have been acquitted of manslaughter, it is nevertheless relevant that a mother is left without her son, a brother is left feeling that they have suffered a needless death and it leaves a family and friends to grieve for the loss.
Cristea, of Freehold Road, Ipswich, who was 16 at the time of Mr Day's death, admitted manslaughter and violent disorder and was sentenced to four years in a young offenders' institution earlier this year.
Stan, 18, of Burrell Road, Ipswich, admitted violent disorder and was sentenced at an earlier hearing to a 10-month youth rehabilitation order, 40 hours of unpaid work and a three-month curfew.
He had denied manslaughter and was cleared by a jury after an earlier trial.
The court heard that Mr Day, who was known to his family as Richie, died in Addenbrooke’s Hospital, in Cambridge, 36 hours after the attack.
A pathologist who carried out a post-mortem examination on Mr Day found that he died from one fatal blow – a punch to the left side of the neck – which was followed by further punches and kicks.
Mr Day, a control engineer for UK Power Networks, had been on his way home after a day out with his brother Kris and friends, attending Ipswich Town’s home fixture with Oxford United, before drinking at the Cock and Pye pub .
He had then seen his two other brothers' band perform a gig at Premier Pool Club.
Prosecutor Riel Karmy-Jones QC said Mr Day left the pool club at about 11pm and walked home "a little worse for wear" before encountering three youths in Westgate Street.
She said an altercation or confrontation ensued, resulting in Mr Day bumping into one of the youths before being "set upon" outside Kebabpizza.
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