A drunk who left a man in his 60s unconscious with a fractured skull and life-changing brain damage has been jailed.
William Brazil landed a single punch to Paul Wickendon’s face outside a Canterbury pub which resulted in him falling and hitting the back of his head on the ground.
But rather than staying to help the stricken victim, the 31-year-old fled.
Canterbury Crown Court heard that he later told a friend he was “on the run” and, in messages with his partner, remarked “Joke innit” on seeing a Kent Police appeal about the incident which had happened in the early hours of March 29 this year.
Brazil, from Surrey, was arrested five days later and subsequently pleaded guilty to inflicting grievous bodily harm.
But he was told by the judge at his sentencing hearing today that despite having no previous convictions and the assault being a “one-off, out-of-character” offence, the consequences of the “gratuitous attack” could not be ignored.
The court was told that Mr Wickendon also suffered a fractured eye socket, several bleeds on the brain, a partial collapse of his left lung and had to be put in an induced coma.
Several months on, he still has memory and mobility problems, requires round-the-clock care from his partner Sue Fox, cannot drive and has not been able to return to his job as a binman.
Ms Fox also told police that his “friendly, loving and affectionate” personality had changed to such an extent that she believes he no longer remembers their four-year relationship.
The couple had been enjoying a night out watching live music in Canterbury when tragedy struck.
They did not know Brazil but he was among a group of people that included one of their friends, who they had met in the Thomas Ingoldsby Wetherspoon pub early in the evening.
Mr Wickendon and Ms Fox returned later that night to that same pub before they and the group left together to go to another bar.
Violence erupted, however, on the street outside The Lady Luck pub in St Peter’s Street just after 1am.
“The defendant and victim were having a conversation – the details of which are not known – when the defendant spontaneously punched Mr Wickendon in the face, causing him to stumble and fall backwards unconscious, hitting his head on the pavement,” explained prosecutor Chloe Sibley-Morgan.
Bodyworn camera footage recorded by a member of door staff showed Mr Wickendon lying on his back as people called for assistance.
However, Miss Sibley-Morgan said Brazil left the area in a car and it was after his arrest and his phone had been seized that conversations about the assault were found.
“On that phone were messages between the defendant and his partner relating to the appeal put out by Kent Police about the incident and he replied with ‘Joke innit’,” she told the court.
“He also spoke about handing himself in and told a friend he was ‘on the run’.”
Mr Wickendon was initially taken to Ashford’s William Harvey Hospital where his condition deteriorated and had to be transferred to intensive care at King’s College Hospital in London.
His treatment over several weeks included having surgery to reduce swelling to his brain before being moved back to the William Harvey Hospital and then to the East Kent Neuro Rehab Unit at the Kent and Canterbury Hospital.
Detailing some of the impact of his injuries, Miss Sibley-Morgan said the victim could not recall the offence or the hour prior, would repeat himself in conversations, had difficulty retaining new information, and would also forget he had eaten.
It was also noted in his hospital reports that he had a tendency to use the TV remote as a phone and needed a four-wheel frame to walk.
Although he has since been discharged, Mr Wickendon remains on multiple medications and requires speech and psychological therapy.
The court was told, however, that he is yet to be supplied with equipment to assist with his mobility issues.
Ms Fox was also said to have been diagnosed with PTSD, having witnessed the assault and feared her boyfriend would die.
In her victim impact statement, summarised to the court, she spoke of how he suffered hallucinations and would not “cry, smile or react in an emotional manner” any more.
“She says he was a friendly, loving, affectionate man whose personality has changed as a result of the injuries sustained,” added the prosecutor.
“She feels he does not know they had a romantic relationship for four years prior to the incident and that it is likely she will become his full-time carer.”
Brazil, who lives in Chester Road, Leatherhead, gave a ‘no comment’ interview to police after his arrest.
His lawyer at the sentencing hearing, Paul Hogben, urged the court to impose a suspended sentence, citing his previous good character, guilty plea, remorse and responsibilities as a carer to a relative.
Mr Hogben said his client also acknowledged the seriousness of his actions and how “one punch can kill”.
“To me, he has expressed real genuine regret for what he has done and, in understanding the injury Mr Wickendon has sustained, he is aware that through that one punch he has changed Mr Wickendon’s life, and also that of his partner, forever,” he added.
“He said to me he wished he could take it back, that he wished he hadn’t got so drunk on that particular night, and that he hadn’t lashed out in the way that he did.”
The court was also told that his remorse was not felt simply because he faced a spell behind bars but because “he understands what he did was very wrong” and wanted to apologise to the victim, said Mr Hogben.
Referring to reports prepared ahead of sentencing which had assessed Brazil as not posing a risk or danger to the public, the lawyer accepted the judge faced “a dilemma” in deciding whether any jail term could be suspended.
But Mr Hogben told Recorder Matthew McDonagh that in light of the mitigation as well as 118 days spent on a qualifying tagged curfew, imposing a community-based punishment with onerous conditions including alcohol abstinence monitoring “might be more appropriate” than immediately locking him up.
“The offence is one which can be realistically described as one that was totally out of character,” he said.
“Your Honour may feel he has lived a life that is pro-social rather than pro-criminal.
“It is right to mark the harm caused to Mr Wickendon but it is also appropriate that the future is taken into account in what will happen to Mr Brazil.
“He does show a realistic prospect of rehabilitation, he has resolved his issues, is genuinely ashamed of his behaviour and has demonstrated good insight.”
However, Recorder McDonagh said although he had considered “with care” all that had been said and written on Brazil’s behalf and “grappled” with his decision, he had concluded that immediate imprisonment was unavoidable for an assault which occurred “for no obvious reason” and resulted in “long-term, life-changing” injuries.
“What has caused me the greatest reflection is whether this sentence should be, as your counsel has urged me, suspended or be immediate,” he told Brazil.
“There is a realistic prospect of rehabilitation, you do not present a risk, it was a one-off incident, there is personal mitigation and there is the care – although you are not the primary carer – to a member of your family.
“On the other hand, there are factors that indicate it may not be appropriate to suspend, and what has caused me the greatest concern is the seriousness of the offence. It is something I have been grappling with.
“But the impact on Mr Wickendon is very real, not just upon him but also those who love him and will have to care for him for the rest of his life.
“The seriousness of this offence is that I cannot suspend this sentence.”
Brazil was jailed for 15 months, of which he will serve up to half, less 59 days of the tagged curfew period.
He will then be subject to 12 months’ post-sentence supervision.
