Worksop man who bottled victim in marketplace was scared of potential attack
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CCTV showed Kyle Whitehead chatting with a homeless man in the marketplace, on Bridge Street, when he was approached by his victim, on December 9 last year.
Donna Fawcett, prosecuting, said the blow left the man with a lump on the crown of his head but luckily there was no laceration.
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Hide Ad"I think that was the main reason why this was charged as a common assault rather than an assault occasioning actual bodily harm," she said.
The victim gave a statement to police but didn't turn up for the trial to give evidence.
Whitehead last appeared in court in 2013 for dissimilar matters.
Charnelle Turner, mitigating, said Whitehead had been threatened by his victim who said: “Let's go round the corner and sort things out.”
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Hide AdA friend of the victim joined them and Whitehead was scared about what was going to happen.
“He says he tried to stop the conflict before it happened,” said Ms Turner. “The action was not premeditated. We say this is an isolated incident.”
She said Whitehead, who has mental health issues, thinks the side effects from the medication he was on may have affected his behaviour.
Whitehead, aged 27, of Baker Close, Worksop, initially denied common assault but changed his plea before a trial at Mansfield Magistrates Court on February 17.
On Thursday he received a 12-month community order with 20 rehabilitation days and was ordered to pay £100 compensation.