Boozed-up thug punched man and left him with permanent eye injury

A booze-fuelled thug who punched a man and left him with a permanent eye injury has been spared from being put behind bars.

Tuesday, 28th March 2017, 2:43 pm
Updated Saturday, 8th April 2017, 10:30 pm

Raffaele Herbert, 35, of Castle View, Langley Mill, punched Garry Judge who fell into a wall before he struck the ground with a serious eye injury.

A Derby Crown Court hearing, which was sitting at Derby magistrates’ court, on Thursday, March 23, heard how Herbert had been demanding a lift from Mr Judge’s son Ross who had been driving a friend home when Mr Judge intervened and was attacked.

Sarah Allen, prosecuting, said: “Ross Judge had been driving friends home and he was taking his last passenger when the defendant leaned on the bonnet demanding a lift and he banged on the vehicle to be let in.

“Ross Judge’s friend called Ross’s father and in the meantime Ross was trying to pacify the defendant.”

Garry Judge arrived at the scene on Sedgwick Street and verbally challenged the defendant who claimed he had tried to pacify the situation, according to Ms Allen, but when he feared it would escalate he punched Mr Judge.

Ms Allen added: “The complainant fell to the ground and was on his hands and knees and he hit a small brick wall on the way down and was injured and bleeding.”

Mr Judge suffered a bruised eye, face and chest and he has been left with permanent distorted vision and has suffered flashbacks and been left frightened to go out.

Herbert, who has previous convictions for assaults, pleaded guilty to causing assault occasioning actual bodily harm after the incident in April, 2015.

Defence barrister John Straw said: “There is little about this offence and this defendant’s background that he can be proud of but it is a past that has been blighted by alcohol.

“And like so many drugs of that type it is not always an easy habit to put to one side and to kick.”

Mr Straw explained alcohol has started to take its toll on Herbert’s body and he faces severe health consequences if he does heed medical advice.

Recorder Heidi Kubik sentenced Herbert to a 16 month prison sentence suspended for 12 months with a ten day Rehabilitation Activity Requirement and 100 hours of unpaid work.

She told him: “You have a poor record for offences of violence and you are no stranger to custody and your behaviour in the past is borne out of problems in relation to alcohol and the way you behave in drink.”

She added: “There are aggravating features with this offence being committed in public at night with an on-going effect on the victim and its an aggravating feature that you were in drink at the time.”

Herbert was warned that if he re-offends he will be brought back to court and the suspended prison sentence could be activated.