Pair attacked in flat as neat spirits were downed in drinking session - Leeds Crown Court sentencing

Luke Stuart Swift and Andrew Newman Joseph Auty launched the assaults at a flat on John Street, Wakefield, on May 13, 2018.

The case was shelved due to the pandemic but was returned to Leeds Crown Court this week for sentencing.

Prosecutor Jessica Strange said that Swift had taken bottles of spirits to the home of one of the victims. They were later joined by other men, including Auty, and a female who was Swift's former partner.

Comments were made about the female as they all drank the neat spirits, which angered Swift.

Encouraged by Swift, Auty then punched one of the men repeatedly to the head without warning.

Swift then turned his attention to another man and began punching him.

The second victim fell to the floor and tried to protect himself, but Swift got on top of him, pinned his arms down with his knees and continued punching him around the head.

Swift and Auty then tried to rip a TV from the wall and Swift broke the screen with a punch.

Swift then walked out with a TV box and a mobile phone, while Auty stole two laptop tablets.

Both victims attended hospital with extensive swelling and bruising around their faces.

After being arrested, Swift admitted being at the flat but denied the offences, while Auty denied even being present.

The court was told that Swift had eight convictions for 13 offences, including time spent in jail for robbery.

Auty has 10 convictions for 29 offences including burglaries and thefts.

Swift, 26, of no fixed address, admitted causing actual bodily harm, criminal damage and theft.

Auty, 46, of Flanshaw Lane, Wakefield admitted actual bodily harm and theft.

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Mitigating for Swift, Philip Mahoney said: "There's little that can be said. It was unpleasant and distressing but there's obvious remorse."

He said he had a difficult start in life, with his mother being a drug addict and his father a criminal. It meant Swift was left "rattling around various care establishments with no consistent parenting provided".

Mitigating for Auty, Robin Frieze said that he had changed since the time of the offence and was in full-time employment.

The judge, Recorder Catherine Silverton, handed Auty a 10-month jail sentence, suspended for 18 months, and 60 hours of unpaid work.

Swift was given 15 months in prison, suspended for 18 months, and must complete 80 hours of unpaid work.

This article was first published by the Wakefield Express.