Suspended jail term for thug, 21, in Stourbridge attack

Philip Payne, aged 21, was one of a 'drunk and aggressive' group that gathered in a street in Wollaston at around 11.45am on July 22 last year.

Wolverhampton Crown Court yesterday heard the group had been shouting and a female resident had called for them to be quiet through the window of her home.

But the group had responded by shouting abuse at her, before kicking her fence and overturning garden furniture.

The court was told the woman's son had come out of the house to confront them and his father had followed soon after to try to get him back in the house.

Mr Howard Searle, prosecuting, said Payne had a thrown at punch at the older man and later both the father and son had been pelted with stones – with the son suffering a cut.

Both were taken to hospital following the attack with the older man suffering bruising and swelling to his eye and a chipped tooth.

Mr Searle said the mother had also been attacked by a 17-year-old girl who had been part of the group.

"Upon arrival police took the mother on a drive around nearby streets to see if they could track down those responsible," she said. "She identified the girl and Payne.

"Originally the defendant said he had not been part of the affray and it had been a case of mistaken identity."

The court was told it was "out of character" behaviour for Payne who did not normally drink but had consumed four pints.

Judge Martin Walsh said: "You were part of a drunken group who entered this street late at night and caused a nuisance. This was a disgraceful incident in a public place and an attack on an innocent family.

"I have been persuaded on this occasion that I can suspend the sentence however if you are before the court again you will be sent to prison," he said.