Yob who kicked victim's head in attack spared immediate jail sentence

Neil Chivers was left with a collapsed lung after being brutally beaten by Maximillian Colley in Halesowen.

Witnesses said they saw Colley, aged 22, kick his victim's head 'like a football' as he lay on the ground.

Wolverhampton Crown Court heard how violence flared in the town centre after Colley, of Iverley Road, Halesowen, was thrown out of Wetherspoons on Queensway at around 1.30am on December 20 last year for acting aggressively and threatening other drinkers.

CCTV footage played in court showed Colley urinating in the road before he was approached by another man, David Abraham. The pair exchanged words before Mr Abraham punched Colley.

Mr Tim Pole, defending, said it was this act that sparked the ensuing violence, but it was Mr Chivers, who had stepped in to try and calm Colley down, who was on the receiving end.

Colley pushed him to the ground and as the pair grappled on the floor, he unloaded a series of punches to his head before getting to his feet and kicking Mr Chivers in the head.

Prosecutor Paul Spratt told the court: "Mr Chivers was now prone on the ground, mumbling 'I can't breathe'. This was a significant attack on a man who had done nothing wrong." Mr Chivers spent five days in hospital after the attack.

Colley, who pleaded guilty to inflicting grievous bodily harm as well as a separate charge of affray for pushing a woman to the ground during the melee, was given a 20 month prison sentence, suspended for two years. He was ordered to pay £2,500 in compensation to Mr Chivers and must also complete 200 hours of unpaid work.

Recorder David Mason told Colley he was fortunate to avoid an immediate jail term.