Teenager who kicked fatally injured man is sentenced
PUBLISHED: 14:14 11 September 2020 | UPDATED: 16:22 11 September 2020
A teenager who punched and kicked a fatally injured man as he lay unconscious on the ground outside an Ipswich takeaway has been given a youth rehabilitation order.
Sentencing the 17-year-old boy Judge Martyn Levett said he had thrown at least three punches and kicks at 45-year-old Richard Day during a late night incident in St Matthew’s Street in February.
“You used a shod foot which is the equivalent of using a weapon,” added the judge.
Last week the teenager was acquitted of manslaughter by a jury along with a 16-year-old co-defendant after a month long trial. They had both denied the charge.
The pair had also denied an offence of violent disorder and the jury was discharged after jurors were unable to reach a majority verdict.
Earlier this week however the 17-year old pleaded guilty to violent disorder and sentence was adjourned until today.
The 16-year-old defendant will face a retrial on the charge of violent disorder on a date to be fixed.
During the trial the court heard that a third teenager, aged 16, had admitted manslaughter after accepting he inflicted a fatal blow to Mr Day.
None of the defendants can be named because of their age.
Sentencing the 17-year-old, who has no previous convictions and was only 16 at the time of the incident, to a 10-month youth rehabilitation order Judge Levett said he had spent the equivalent of 13 months on remand waiting for his trial.
During the rehabilitation order the teenager will have to carry out 40 hours unpaid work and will have a three month curfew between the hours of 9pm -7am.
He will also be under supervision for 10 months and is banned from going to Kebapizza during that time.
Mr Day was pronounced dead 36 hours after the incident which took place outside Kebapizza in St Matthew’s Street just after midnight on Sunday, February 23.
Mr Day died due to blunt force trauma from one fatal blow, according to pathologist Nathaniel Cary, who said the first blow – a punch – was followed by a kick and three successive fist blows, then a kick and another kick or stamp.
Prosecutors alleged Mr Day was “set upon” by the boys following a confrontation.
The 17-year-old boy gave evidence during the trial, claiming Mr Day had sworn and acted aggressively before walking “decisively” towards one of his friends.
The boy argued he had “spontaneously” decided to try to split Mr Day and his friend up.
He denied punching Mr Day, claiming that when he was seen on CCTV kicking his lower back, he had not intended to hurt him.
The 16-year-old defendant chose not to give evidence during the trial.
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