Attacker who kicked man in head gets dressing-down from judge, is told to 'grow up and get a job'

Gareth Clarkson, of Gallowstree Bank, Welshpool, appeared at Shrewsbury Crown Court after admitting a charge of unlawfully and maliciously inflicting grievous bodily harm on his victim.

The incident took place in Shrewsbury on December 9, 2021, and Judge Recorder Jason Macadam said it had left the victim with fractures to his eye socket and and nose.

As he delivered a dressing-down to the defendant, Judge Macadam told him he would defer sentencing for five months – to give Clarkson time to 'grow up', and give him a reason not to send him straight to prison.

Judge Macadam warned that if he did not make progress he would be sent to a full prison, where he would be "treated as a man in every sense of the word".

He said: "The only way I can consider a suspended sentence order is, putting it bluntly: you, Mr Clarkson - grow up."

The judge told Clarkson that were he to sentence him immediately, he would be going to prison for three years.

He added: "A kick to the head to a defenceless man on the floor almost always results in an immediate custodial sentence."

The court heard that Clarkson has previous convictions, with Judge Macadam saying: "The fact is you have had a conviction for a weapons offence prior to this matter and you were convicted after this matter for violence and breaches on a number of occasions. That aggravates your position."

He added that two years, suspended for two years, would be the lowest sentence he could pass – but that to reduce it to that level Clarkson would have to meet a number of demands.

He said: "If I was to sentence you today I would pass an immediate custodial sentence of about 28 months. That would mean in real terms you would serve a year from today.

"Now, to get down by eight months you have got to pull your finger out. You will, and I am writing this down because I need a series of ticks – any ticks missing and it goes up from two years to 26, 27 months, whatever, I cannot suspend that.

"You will get a job. I do not care what job it is, you will get a job.

"You will save up money towards the costs."

He added: "I have to give priority to the compensation, which I will do, and you will save up money to compensate your victim.

"You will stay out of trouble – that is a given of course.

"When I say 'stay out of trouble', any sniff of trouble, if you are under investigation pending charges, if you have been arrested and released, I want to know about it. Even if nothing comes of it, if I find out you have been marauding around Shrewsbury and police have heard of you, I want to know, even if it does not lead to a charge. It will tell me everything I need to know."

Judge Macadam continued: "I have read everything about you as far as drinking is concerned – it stops, as does drug use. You come back here squeaky clean and you save up money.

"You have been mummied for years... if you go down those stairs [into custody], that all ends.

"I will want to know how much you are earning, I will want to see evidence from your employer saying how much you have been working and taking home."

He added: "You behave like an adult, right? And you come back and I want to hear you have put money away, a substantial amount of your money. You do not have the next six months to buy clothes or new iPhones, or go out.

"Your priority is to pay for this case you have brought. Why should we pay? Why should we pay the costs? Why should this man you attacked not have some compensation? How much money will indicate how regretful you are.

"You come back, you do all those things and I will pass a suspended sentence order. There may or may not be add-ons depending on the progress you have made.

"You do not take this opportunity, you are going down the stairs – so bring a bag."

Sentencing was adjourned until January 26, to take place at Shrewsbury Crown Court.