Boozed-up Mansfield man stamped on brother’s head out of concern for his health
A boozed-up Mansfield man kicked and stamped on his epileptic brother's head after becoming angry with him for jeopardising his health by drinking alcohol, a court has heard.
Callum Nicholls slapped his brother before dragging him to the ground, raining blows on him and pulling his trousers down, on Station Street, on October 23 last year.
He left his brother prone in the road then returned to stamp on his face again and kick him a number of times, said prosecutor Annelli Pritchard.
Nicholls, aged 23, returned for a second time and chased after his victim before police arrived.
"His brother doesn't support the prosecution but unfortunately for Mr Nicholls it was all captured on CCTV," said Ms Pritchard.
She said it was a sustained incident which left his victim with lumps and bumps and was aggravated because he used a shod foot as a weapon.
The offence has a starting point of 26 weeks with a range between a high level community order to 18 months in prison.
Nichols is subject to two community orders made in June and September last year for criminal damage, threats, common assault, drunk and disorderly behaviour and assaulting an emergency worker. But he was back before the court in January for failing to comply with the orders.
Helen Lees, mitigating, said Nicholls’ offending began in June last year after he and his younger brother became estranged from their family and left home.
She said the defendant's brother takes medication for epilepsy and shouldn't have been drinking, and this made Nicholls cross.
He can't recall exactly what happened because he had been drinking too, Ms Lees added.
"He very much regrets this incident happening because they are close. He hasn't been able to see his brother since December.
“This is a young man who was going through a very difficult period. He is engaging with the probation service. He has been suffering from mental health issues. He has reconciled with his family.”
Nicholls, of Park Hill Road, Mansfield Woodhouse, admitted assault causing actual bodily harm when he appeared at Mansfield Magistrates Court, on Wednesday.
He received a 16-week prison term, suspended for 12 months, because there is a good chance of rehabilitation. He was also ordered to pay £85 costs and a £154 surcharge