Asylum seeker broke man's leg after being told to 'get back in banana boat'

Tinasue Gurure was given a 13-month jail sentence after admitting carrying out the offence as he was angry and upset after being racially abused..

Leeds Crown Court heard Gurure used "excessive self defence" after he retaliated when the man shouted the insult at him and tried to grab him in a headlock.

Nicoletta Alistari, prosecuting, said the incident happened in Huddersfield town centre on October 5 last year.

The barrister said there was an "altercation" between the defendant and the man.

The man tried to get Gurure in a headlock.

Gurure fought back and the two men fell to the floor during a struggle.

Miss Alistari said the man was taken to hospital and had to undergo surgery to have a pin inserted to his bone.

Gurure, 31, of Carlton Street, Fartown, Huddersfield, pleaded guilty to causing grievous bodily harm.

The court heard he was under the influence of drink and drugs at the time of the offence.

He has 44 previous convictions, including for offences of assaulting a police officer and being drunk and disorderly.

Catherine Duffy, mitigating, said Gurure accepted that he had used excessive force after being provoked and verbally abused by the other man.

She said: "The male said to him 'get back in you banana boat'.

"It was a racial insult which the defendant found upsetting."

Miss Duffy said her client had a background of working in social care, providing support for the elderly and people with learning difficulties.

The barrister said Gurure was a Zimbabwean national who was claiming asylum.

She said he had been brought up in children's homes and had been forced to do hard labour.

Gurure has been in custody for almost six months since he was arrested after the incident.

Sentencing Gurure, Judge Simon Phillips QC said: "You accept lashing out with excessive self defence."

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