Christopher Mothersill, 23, was seen kicking and punched a man in front of horrified passengers when a fight broke out
Christopher Mothersill was sentenced at Teesside Crown Court
A drunk who kicked and punched a man on a busy train has been spared jail.
Christopher Mothersill was on a packed train travelling from Whitby to Middlesbrough when he got involved in an altercation.
The 23-year-old was seen kicking and punched a man in front of horrified passengers.
The incident led to the train being delayed by 96 minutes and cost the train company £900.
Mothersill, of Megarth Road, Middlesbrough, was sentenced at Teesside Crown Court on Friday after previously admitting a charge of affray.
He was given a suspended prison sentence. However Recorder Mark McKone said he had come “very close” to being sent straight to prison.
The court heard that on April 20 last year, Mothersill had been in Whitby with a group of friends and got into an altercation with another man on the platform.
When on the train the victim was sitting in a front carriage and Mothersill was in the second carriage.
Prosecutor Shaun Dodds said the victim went into Mothersill’s carriage gesticulating and saying “away then, away then”.
He returned to his carriage but Mothersill’s group went into the front carriage.
A fight occurred and, Mr Dodds said, people were falling into tables and knocking into other passengers. The victim was on the floor and was being kicked and punched.
The train driver told police that the person responsible had a braid in his hair - which helped police identify Mothersill.
The victim received bruising and grazing.
Mitigating, Graham Silvester, said the incident was “out of character for Mothersill.
Sentencing Mothersill, Recorder McKone said: “The combination of a busy train and kicking someone on the floor means that a prison sentence must be imposed but I have had to reason with is whether I can suspend it. It has been a very close thing, but Mr Silvester and the references, and the fact you have been offered some work, have persuaded me to suspend it.”
Mothersill was given a 58-week sentence, suspended for two years. He was ordered to carry out 250 hours unpaid work, was given a three month curfew and ordered to pay £750 costs.
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