HomeCourtBrutal punch left woman unconscious as horrified friend watched

Brutal punch left woman unconscious as horrified friend watched

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A woman believed her friend was being killed as she was knocked out by punches in what a judge described as a ruthless attack.

David Marshall and Kay Butler, both from Brighouse, are alleged to have taken part in a joint assault on the woman in January this year.

Marshall, 46, is starting a 15-month imprisonment for his involvement in the incident, which left the victim permanently marked.

Butler, 37, received a 15-month prison term that has been suspended for two years.

Victim’s face bleeding

The prosecution’s John Batchelor told Bradford Crown Court that Marshall and Butler were consuming alcohol with others at a friend’s residence when they became involved in a loud dispute between the victim and another woman.

Mr Batchelor said that the victim could not recall anything after regaining consciousness a short time later.

He said she found both defendants standing over her offering apologies and attempting to stem the bleeding from her facial wound.

Sounded extremely serious

Mr Batchelor explained that a witness was able to describe what occurred, noting how Marshall took hold of the victim’s clothing and restrained her in a corner while Butler struck her repeatedly to the face.

The assault caused her to collapse to the ground, but she was lifted up and the beating persisted.

He said the pair together pulled the victim into the hallway and closed the door.

She could not see what happened next, but the assault clearly continued as she could hear her friend begging them to stop.

She has stated she believed they were killing her as the sounds were extremely serious.

No one departs instruction

The court was told the victim sustained a facial wound and both Marshall and Butler were offering apologies and attempting to clean her face.

Mr Batchelor said nobody left as Marshall stated no police should be called and nobody should depart, positioning himself by the entrance.

After approximately 20 minutes he relented and the victim left the property accompanied by a friend.

Police were contacted and the victim attended hospital.

She had a 3cm laceration near her mouth and swelling to her head.

Both admit offences

During police interviews, Marshall acknowledged his presence but denied any assault.

Butler declined to answer questions.

Both Marshall and Butler entered guilty pleas to inflicting grievous bodily harm without intent.

The court was informed that Marshall, appearing via video link from HMP Leeds, had 28 prior convictions spanning 50 offences including violence, robbery, and perverting the course of justice.

Butler, from Branwell Crescent in Brighouse, had one previous conviction for assaulting an emergency worker.

Incident sparked by alcohol

In mitigation for Marshall, Jessica Heggie stated he acknowledged his participation in the attack and prompted Butler to assault the victim but did not strike her himself.

She characterised the assault as impulsive and spontaneous, lasting a relatively brief period, and requested the court impose a suspended sentence with treatment for his alcohol issues.

She told the court that Marshall, who disclosed a diagnosis of paranoid schizophrenia, wished to move past his criminal behaviour.

In mitigation for Butler, Rodney Ferm stated the incident was not planned and emerged from drinking.

Ruthless assault

When sentencing Marshall and Butler, His Honour Judge Colin Burn described the matter as a prolonged and to some degree ruthless assault by both defendants.

He stated both appeared to come to their senses to some extent once the bleeding began and attempted to provide some form of assistance, though it remained unclear whether this was for their own benefit rather than hers.

As well as the suspended sentence, Butler was directed to complete a 90-day alcohol abstinence monitoring requirement and undertake 25 rehabilitation activity requirement days.

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