Fight in Falmouth street left man with facial fractures
A FIGHT outside a bar left a man bleeding heavily and with multiple facial fractures.
At Truro Crown Court Scott Whitburn, of Kenwyn Street, Truro, was sentenced for his part in the two-man attack at Falmouth.
The 20-year-old had been due to stand trial in August charged with causing grievous bodily harm to Paul Rutter but he pleaded guilty to affray, which was accepted by the prosecution.
A second man also due to stand trial, who cannot be named for legal reasons, absconded and is believed to be abroad.
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Mr Rutter and his wife Sarah were out with friends on September 25, 2011 when they became involved in an incident in a bar after Mrs Rutter had an accident with a glass of wine, spilling it on a girl standing nearby.
Phillip Lee, for the Crown Prosecution Service, said there was bad feeling afterwards and Mr Rutter decided they should leave.
Mr Lee said: “He said words to the effect of ‘don’t try and intimidate us, we are going’.
“Outside he became aware of, he thought, four other men who he believed had followed him outside and he felt under threat and did challenge them, saying ‘one at a time, I can’t take you all on’.”
Mr Rutter was then punched by a man he identified as Whitburn.
Mr Lee said: “Scott Whitburn does not accept that he was in the bar or involved in the earlier incident but he was outside at the relevant time.
“Mr Rutter received further punches by not only Mr Whitburn but also the co-defendant.
“Mr Rutter ended up on the ground, vulnerable to what was the final assault by the co-defendant, who kicked him with full force to the face.”
The victim was bleeding and suffered facial fractures including to the eye socket and the cheek bone.
Mr Lee said he had been left with the enormous physical and mental effects of those injuries.
Judge Christopher Harvey Clark, QC, said it was clear from a probation report about Whitburn that he had matured since the incident and was staying away from alcohol.
He was given a six-month sentence suspended for 12 months, ordered to carry out 140 hours unpaid work and pay £250 towards prosecution costs.