A ‘fairly ferocious assault’ on victim

Joseph Daryl Kingham, Rosmoyle, Craigavon, admitted common assault on January 19 this year.

He had denied a charge of criminal damage to headphones and a computer tablet on the same date but was convicted after a contested hearing

The case had been adjourned so that a pre-sentence report could be obtained.

The court heard that on January 19 at 9.50am the injured party told police in Lurgan he had been assaulted ten minutes earlier in William Street. There was bruising to his face and dried blood on his face.

He named the defendant as the one responsible and showed police a photograph of Kingham which he had taken at the scene.

The defendant was interviewed and he said he wanted to speak to the injured party and when he ignored him he lost his temper and assaulted him.

The injured party later contacted police to say that his headphones and tablet had been damaged because of the assault.

A barrister representing the defendant said the pre-sentence report was very positive.

He added that what happened was out of character for Kingham who was in a relationship with the injured party’s estranged wife.

The lawyer explained there had been complaints about the injured party’s conduct towards her and it was Kingham’s intention to discuss this with the injured party. But he lost his cool and reacted the way he did.

He added that his client was normally a very mild mannered person and was unlikely to appear in court again.

District Judge, Mr Mervyn Bates, the report indicated that Kingham continued to deny the criminal damage offence.

He added that he had heard the case and found the complainant a very credible witness.

The barrister said the defendant accepted the ruling of the court.

Judge Bates said he thought community service was a viable option. He added that this was ‘a fairly ferocious assault’ but there was nothing to show Kingham showed the propensity for this kind of behaviour.

As well as imposing the community service the judge ordered Kingham to pay £150 compensation for the damage caused to the headphones and tablet.