A teenage street attacker’s Army career was saved by the courts - while his victim’s aspirations to join the Forces are on hold because of the assault.
Judge Peter Bowers said the Army needed soldiers like 19-year-old Paul Himsworth - who admitted GBH - and left it mainly to his superiors to punish him.
“I would not like this to blight your career,” the judge told the defendant in the Teesside Crown Court dock on Wednesday.
Himsworth punched and kicked another man in Middlesbrough town centre following “childish pointless nonsense” on Facebook.
“I’m afraid Facebook has a lot to answer for. People write without thinking,” said the judge.
Prosecutor David Crook said the victim, who worked as a bar representative and a steward at Middlesbrough football ground, wanted to resolve the bad atmosphere between the men.
They crossed paths on the night of December 21 last year.
Himsworth said words like “are you calling me a mug?” and punched the victim in the face when he was not looking.
He struck the victim again as he put his hands up to defend himself outside the Barracuda on Albert Road.
The victim fell to the floor, causing a fracture to his right tibia with bone penetrating the leg, the court heard.
Himsworth continued attacking the dazed victim on the ground, kicking him in the face but fortunately causing no significant injuries.
The violence ended swiftly as others intervened.
The injured man later described suffering “relentless intense pain” as his broken leg healed, and he had to use crutches.
He talked in an impact statement about his discomfort, sleep and mobility problems, fatigue and depression.
The assault affected his work and social life and cost him thousands of pounds.
And he could no longer start in the Army this month, as had been scheduled.
He said he was angry to have lost his Army career, though this situation is to be reviewed.
Himsworth, of Marshall Avenue, Brambles Farm, Middlesbrough , admitted inflicting grievous bodily harm, his first offence.
Under sentencing guidelines, he stood to receive one to three years for the crime.
Laura Miller, defending, said: “A sentence of imprisonment would end this young man’s career in the Army.
“He has with his actions brought the Army into disrepute.”
If he were given a suspended jail term, however, he could stay in the Forces.
His commanding officer would decide on sanctions to impose on him, such as restrictions on privileges, supervised tasks and a temporary promotion ban.
Himsworth had three character references from the Army and three from members of the public.
Referees said he was polite, caring and hard-working, he had self-control and went out of his way to help others.
Ms Miller said he acted out of character after he took offence to name-calling on Facebook leading to an argument, and since showed remorse.
She said the attack was short, not premeditated and the injury was unforeseeable, resulting from the fall rather than any assault to the leg.
Judge Bowers told Himsworth: “You accept this was wholly unacceptable violence. I accept that there was an element of provocation.
“Clearly the whole incident was fuelled by drink.
“The serious injury was... an unfortunate result of the punch.
“If you had intended to cause that sort of injury you’d have had to go to prison immediately.
“I’m sure you realise that self-control is an important quality for a good soldier and for people in civilian life.
“You are... an above average soldier and you’ve got very good prospects according to your commanding officer.
“What you did was out of character. I’m quite content to give you a suspended sentence and leave your commanding officer to deal with you internally.
“I think the Army needs people who have the sort of qualities you showed on other occasions, rather than the ones you showed on that particular night.”
He gave Himsworth a 10-month prison sentence suspended for 18 months and ordered him to pay £1,200 compensation to the victim.
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