A DRUNK man who broke a lorry driver's skull and left him with a bleed on the brain has been banned from every pub, bar and nightclub in Britain.
Gavin Barratt threw a single punch which knocked John Hughes unconscious outside McDonald's in Commercial Street, Hereford.
It was the second time Barratt, who has a history of violence, had been involved in serious attack outside the same fast food restaurant branch.
He admitted grievous bodily harm on the basis he acted in "excessive self-defence" after Mr Hughes attacked him from behind.
The punch caused Mr Hughes, who has no memory of the attack, to fall and hit his head on the pavement, where he remained unconscious and bleeding from his ear.
Barratt, 34, of Yazor Road, Hereford, appeared at Worcester Crown Court for sentence yesterday (Wednesday).
It caused a concussion to Mr Hughes, bruising and swelling to the left eye, a cut to the side of his lip, a chip to his front tooth, lost fillings, some hearing loss in one ear and facial palsy which lasted for just under two months.
The defendant pleaded guilty to section 20 grievous bodily harm after throwing the punch at around 2am on September 6 last year. It was his first night out after the first lockdown.
The Crown Prosecution Service did not accept the defendant's basis of plea that he had been attacked from behind, his jacket had been pulled over his head and he had been bitten by the complainant before he freed himself and delivered the punch.
However, the Crown decided not to litigate the matter, which meant the court had to sentence Barratt on that basis.
Naomi Nelson-Cofie, prosecuting, said the two men had been grappling on the floor' before Barratt got free and struck the punch.
"The defendant says he threw that one single punch which rendered the complainant motionless on the floor," she said.
Barratt did not remaind at the scene, and moved away from the city centre with a friend.
An ambulance took Mr Hughes to Hereford County Hospital before he was transferred to the Queen Elizabeth Hospital in Birmingham.
A CT scan revealed he had suffered a bleed on the brain and a fractured skull.
The next day Barratt telephoned police to give his account after word spread on social media. He attended a voluntary interview on September 17 last year, the prosecutor said.
The injuries means Mr Hughes cannot not work as a lorry driver, his only source of income, for two years owing to a risk of seizures because of the head injury.
"The left-hand side of my face collapsed," the complainant said in a victim personal statement.
His physical fitness had also deteriorated, he suffered depression and he was faced with an initial dental bill of £300, with more work still needed which he could not afford.
Barratt has 43 previous convictions after 22 court appearances, including for a section 20 grievous bodily harm, also outside McDonald's in Hereford, in 2012.
He also has convictions for assault occasioning actual bodily harm and battery in 2003, a further battery in 2006 and four racially aggravated section 47 assaults in 2008.
In total he has 12 previous offences of violence on his record.
Judge Nicholas Cole sentenced the defendant on the basis that he was not the initial aggressor.
But he said: "You could quite easily have left the scene, but you chose not to.
"You punched Mr Hughes to the head, and that caused his head to hit the pavement, having significant and serious consequences."
Judge Cole imposed a prison sentence of 18 months suspended for two years, accepting there was a realistic prospect of rehabilitation and that an immediate jail term would have "a significant, harmful effect on others".
As part of the order Barratt must complete 200 hours of unpaid work. A two-year prohibition was also imposed which prevents him from entering any pub, bar or nightclub.
He must pay £3,000 compensation to Mr Hughes within six months.
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