A DAD enjoying a night out in Warrington has been left permanently blind in one eye after being subjected to a ‘nasty and cowardly attack’.
Joshua Saxton repeatedly punched the victim when his back was turned, before running from the scene with security staff in pursuit.
The defendant, who turned 22 the day before his sentencing hearing on Tuesday, previously pleaded guilty to a charge of affray before Warrington Magistrates’ Court, with the case committed to Liverpool Crown Court.
The hearing was adjourned on a previous occasion for a review to take place, regarding whether a charge of inflicting grievous bodily harm was more appropriate, but a decision was made for the affray charge to remain.
On November 19 last year, the 40-year-old victim was on a celebratory night out with family and friends in Warrington town centre, explained prosecutor Helen Chenery.
They were outside Block One nightclub on Bold Street at around 2am when an argument occurred between some people in the street.
The victim could be seen, on CCTV footage played in court, moving a woman away from the area of the disagreement, but moved towards it to assist his godson and ‘stop any further assault’.
However, Saxton can be seen throwing a punch at the peacemaker to the face, causing him to stumble.
Further punches are thrown by Saxton in a ‘windmill type action’, while the victim’s back is turned and he is walking away.
The complainant fell to the floor and the assailant can be seen running away from the scene with a member of security staff giving chase.
He was stopped and arrested, before offering ‘no comment’ to questions put to him during his police interview.
The court heard that the victim suffered a ‘life-altering injury’ during the attack, as he is now permanently blind in his right eye.
He underwent emergency surgery in the hours that followed, which saved his eye but could not prevent his sight loss.
It was said that he also suffered a fracture to a bone in his eye socket, while elements of his eye suffered dislocation, detachment, haemorrhage and lacerations.
An impact statement prepared by the victim was read out in court, in which he said that the 13 stitches in his eye still cause him discomfort.
There is also cosmetic damage to his eye and a scar on his cheekbone, impacting his confidence, and he suffers from headaches.
The victim owned his own business involving driving, which he was forced to close as a result of his injuries, impacting him financially as he is now on Universal Credit.
He is also unable to do normal, day-to-day activities as he used to such as shaving, or even placing a glass on the table.
It was said that the victim enjoyed an active lifestyle involving cycling, football and swimming, with his injuries impacting his ability and enjoyment of these as a result.
“If I was out again and I saw something happening to someone or someone needed help, I do not think that I would try and help that person,” he said.
“Through no fault of my own, trying to do what I believed was the right thing, has dramatically changed my life.”
Mitigating on behalf of her client, Sarah Griffin said: “This, in any view, is an incredibly sad case.
“The defendant comes to court with a bag and has had the prospect of immediate custody hanging over him for 10 months, and he could have absolutely no complaints whatsoever if the court decided to send him to prison immediately.
“However, this is a case where the length of sentence can properly be suspended, with onerous requirements to properly rehabilitate the defendant and punish him.”
It was said that there is another side to the defendant, as told in more than a dozen references which state his actions were ‘completely out of character’.
He was described as being ‘family and career focused, bright, kind, caring, respectful, polite and considerate’.
Saxton was said to have no previous convictions, to have demonstrated ‘genuine remorse’ and to be ‘devastated by the result of his actions’.
“This was a nasty, cowardly attack, leading to the most dreadful of injury,” Ms Griffin conceded, however, she urged the court to suspend the inevitable sentence of imprisonment.
Before sentencing, recorder Kevin Slack said: “The consequences for the victim are catastrophic. In any respect, the victim has been affected in a catastrophic way.
“It is no exaggeration to say these were life-changing injuries.”
He continued: “You are a young man of good character – positive good character in the references provided. All who know you say how out of character your behaviour was.
“This is an incredibly sad case. I accept you are a kind and caring young adult, and you come from a loving family here to support you in great numbers.
“However, this was a nasty and cowardly attack. This is a very difficult sentencing exercise, and I have had to reflect very carefully on it.
“However long the sentence is, it will not bring the victim’s sight back. I accept your genuine remorse, and your genuine wish that you could turn back the clock.”
Recorder Slack concluded: “But it is not simply a matter of counting the number of factors that point towards suspending a sentence.
“I regret to say, given the extent of the injury and the consequences, I am forced to conclude that appropriate punishment can only be achieved by way of immediate custody.”
Saxton, of Marron Avenue in Longford, was sentenced to 10 months of imprisonment.
The victim and his family agreed for the Crown Prosecution Service to release an edited version of the CCTV to raise awareness of the dreadful consequences of assaults and drinking too much.
Senior crown prosecutor Callum Bryce added: “Joshua Saxton attacked his victim savagely, punching him repeatedly in a drunken rage, even when it was clear that he had suffered a serious injury and was not able to defend himself.
“The impact on the victim has been substantial. His family are devastated and are keen to highlight how alcohol can provoke situations that leave innocent bystanders badly affected.
“The CPS would like to thank the victim and his family for their co-operation in this prosecution and their dignity throughout.”
A request has been made to Cheshire Police for the defendant's mugshot to be released, which is still under review.
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