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Man unconscious for five days after punch at Kingswinford pub

A former soldier who punched a drunk man in a pub knocking him unconscious for five days has been spared an immediate jail sentence.

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Daniel Browning 'lost his temper' at the Albion Inn in Kingswinford and punched Luke Esser in the face, knocking him to the ground, Wolverhampton Crown Court heard.

Mr Stuart Clarkson, prosecuting, told the court the first Mr Esser knew about the attack was when he woke up in Queen Elizabeth Hospital on December 26 – five days after he was knocked to the ground.

Mr Clarkson said: "It was about quarter past 11 on the December 21, and Mr Esser and his friends were about to leave the Albion Inn."

"Luke Esser was rather worse for wear, and was clearly in drink. He staggered towards the door and spilt some drink on himself and on the door."

The court heard Mr Esser got angry and kicked the door, and shouted at it, but did not cause any damage.

He said: "He was confronted by Daniel Browning who asked him 'did you kick the door', which he denied." He added: "He struck out at Mr Esser. He punched him once, and he fell backward, he fell back onto the floor, and as a consequence he was injured."

The court heard Mr Esser suffered a fractured cheek, and a cut to the back of his head.

Browning was originally charged with grievous bodily harm, but pleaded guilty on the day of his trial for a charge of wounding.

Browning, of Bells Lane, Wordsley was interviewed and he said that he was acting in self defence, and Mr Esser had attacked him first.

Miss Samantha Powis, defending, told the court Browning is a former soldier who had seen active service, and had recently returned from a security contract in Iraq. She told the court he was not drunk at the time of the attack and put Mr Esser in the recovery position.

She said: "This was an offence where the defendant lost his temper."

Judge Martin Walsh told Browning: "You have a military background, and you have been subject to military discipline in the past."

He noted that Browning, aged 27, had previous convictions but none of them were recent.

"Your victim may well have been making some what of a nuisance of himself, but you delivered a single blow which caused a fracture to his cheek, and injuries to the back of his head when he fell."

He sentenced him to 12 months in prison suspended for two years. He also ordered him to complete 150 hours of unpaid work, a three month curfew, and pay £100 victim surcharge.

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