Mistaken attack lands man in jail

Published on 17th May 2007 in News

Construction worker Daniel Carter flew into a rage and punched an innocent man, breaking his jaw, after he wrongly mistook him for an attacker on a night out in Howden.

The victim was left needing hospital treatment for serious facial injuries after simply walking in the wrong place late at night.

Attacker Daniel Carter (24), of Derwent Crescent, Howden, was jailed for 12 months at Hull Crown Court on Friday, May 11 after pleading guilty to a single charge of causing grievous bodily harm.

Recorder Paul Miller ordered Mr Carter to stand as he told him: "You have previous convictions for dishonesty and violence and in 2004 you were given a custodial sentence for affray. That was after you had been given the opportunity of a community order.

"On September 9 you attacked a man, who had done nothing to you, breaking his jaw."

He said it was a traumatic incident and he had no choice but to jail Mr Carter for 12 months.

Prosecuting barrister Mr Jeremy Evans said the street violence took place in Market Place, Howden, around midnight when the complainant was walking along, minding his own business.

"Witnesses describe the defendant as chasing a group of youths," said Mr Evans. "He stopped and then approached a man who had nothing to do with the youths and lashed out at him. It was a case of mistaken identity."

He showed the judge pictures of the injured man's face as well as an injury to his lip which required two stitches.

Mr Evans revealed Daniel Carter had previous convictions starting in Cornwall for threatening violence going back to 1999. He received four months in a Young Offenders' Institute for an assault, a 140-hour community punishment order, and then 18 months in a Young Offenders' Institute for affray.

Mr Evans said with this background the court had to consider whether Mr Carter was a risk of serious significant harm to the public at the point of sentence.

Defence barrister Mr John Thackray said Mr Carter did not fall into that category. He said his previous offending was a long time ago and he had immediately apologised to his victim, shaking his hand at the scene.

He said for the last four-and-a-half years he had turned his life around with a girlfriend, staying out of trouble and was in regular work travelling to and from Cornwall in the construction industry.

He said Mr Carter accepted the offence crossed the custody threshold, but had himself been assaulted after spending a pleasant evening out with his girlfriend.

Mr Thackray admitted: "He was upset and disgruntled. He stupidly went out looking for revenge. He thought it was the same male who had assaulted him and lashed out. It was one punch. The complainant then threw a punch as well, no one can criticise him for that. His problem is drink. He does have a darker side. He does not intend to get into trouble."

Mr Carter, who attended court with his girlfriend, rocked on his heels when the judge announced he was to be jailed. He gave a mournful look towards the public gallery, before he was handcuffed and led to cells below court and a waiting prison van.

He was not ordered to pay the £200 court costs.