Reveller punched KFC customer in busy takeaway after they exchanged a glance

Chesterfield magistrates’ court heard on May 14 how Daniel Elsmore, 38, of Mooracre Lane, Bolsover, punched Jamie Anson after the complainant had caught his eye and smiled at him at the takeaway in Chesterfield.

Prosecuting solicitor Becky Allsop said: “The complainant had been at a football match and had had about four pints of lager at lunch time and went to the town centre and had another six pints.

“He said he was not particularly drunk and went to KFC and wanted food and he was laughing with his friend Tony.

“He glanced to another male and smiled at him and then felt a heavy blow to his face and he bent over the counter and saw blood dripping from his face.”

The complainant said he did not know the defendant and that it had been an unprovoked attack, according to Mrs Allsop.

Elsmore told police he had acted out of character and he claimed it had been busy in the KFC and his friend had bumped into someone who had insulted him.

The defendant also claimed that he thought he was going to be assaulted so he hit the complainant.

Elsmore pleaded guilty to assault by beating after the attack on January 27.

The defendant told the court: “On the basis of the CCTV it looks damning. It does not capture the full picture.

“I entered the chicken shop and it was tight and there was an exchange of words and pushing and the lad was stood there.

“It was out of character but I was in fear it was going to come the other way.

“If I was not in drink I would have left.”

Magistrates sentenced Elsmore to a 12 month community order with a Rehabilitation Activity Requirement and 100 hours of unpaid work.

He was also ordered to pay £100 compensation, an £85 victim surcharge and £85 costs.