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Man who killed builder with punch outside Great Barr pub has jail term extended

A man who killed a builder with an uppercut outside a pub has had a year added to his jail term.

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Stephen Jolley and victim John Mercer

Stephen Jolley hit John Mercer outside the Special Spices pub, in Great Barr, causing him to fall back and smash his head on the road.

Mr Mercer survived for nearly three years but was left in a “minimally conscious state.”

In July 2015, Jolley, aged 43, was jailed for four years after being found guilty of inflicting grievous bodily harm after a trial.

But when Mr Mercer died in July last year, aged 28, Jolley was further charged with and pleaded guilty to manslaughter.

At Birmingham Crown Court yesterday he was given a 12-month sentence to run consecutively to his four year term. He had been due to be released in July.

Mr Antonie Muller, prosecuting, said: “Mr Mercer’s awareness was assessed in October 2013 and he was found to be in a minimally conscious state.

“He could feel pain. He would smile in response to his name and if someone entered the room, but it was not consistent.

“He had no means of communication and showed behavioural signs of pain.

“He suffered recurrent infections and had severe paralysis of his limbs and body.

“His level of consciousness was the same from September 2013 until his death in July last year.”

The court heard Jolley and Mr Mercer had an argument at the pub, once known as the Asbury Tavern, at the junction of Bowstoke Road and Newton Road, on September 23, 2013.

Mr Mercer, who had lived with his parents in Green Lane, Great Barr, was led out onto the pub’s car park and Jolley followed him.

Several punches were thrown but it was the uppercut which rendered the younger man immediately unconscious.

At his trial Jolley, previously of of Claverdon Drive, Great Barr, said he acted in self defence but he was convicted of inflicting grievous bodily harm.

The Special Spices pub, in Great Barr. Picture: Google

A statement from Diane Mercer, Stephen’s mother, was read at court.

She said: “Our son was a kind, sociable and caring person who simply went for a drink.

“We went to see him every single day at various hospitals, even on Christmas because we loved him so much.

“We miss him every day. His car is still on the drive. It was a thing beloved by him. His room remains untouched.”

Miss Heidi Kubik, defending, said the physical confrontation between the men last nine seconds.

She added: “There was plainly no intention to cause really serious harm.

“There was no significant planning or premeditation involved and the actual violence was very short lived indeed.”

Detective Sergeant Stewart Nicol, who led the investigation, said Mr Mercer was killed as the result of an unprovoked and senseless act of violence.

Det Sgt Nicol, after the hearing, said: "This was a thoughtless act that robbed a popular young man of his life, and his devoted family of someone they loved so dearly.

"No prison sentence will bring him back and they have felt a great sense of loss, sadness and anger for the past three years, which will no doubt continue for the rest of their lives.

"I hope this sentence will offer some sort of comfort as justice has finally today been delivered for John."

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