Boozed-up teenagers battered man to the ground in 'awful assault' in back lane

Pals Max McKenna, 18, of Charles Street, Boldon Colliery, and Callum Hilton, 19, of Kidd Square, Downhill, Sunderland, have been handed suspended prison terms for the unprovoked attack on Stephen Dyball.

District Judge Paul Currer described it as an “awful assault” – and gave each a 10-week sentence, suspended for 18 months.

He told them they were fortunate they had not caused more serious injuries and were not being dealt with by a higher court.

McKenna and Hilton, along with a third, unidentified assailant, attacked Mr Dyball as a pack after he inquired why they were in a back lane near his home.

South Tyneside Magistrates’ Court heard the assault, on Sunday, August 4, had left him bruised and swollen.

Prosecutor Lorna Rimell said: “Stephen Dyball has seen that there are three males hanging around a back lane. He goes to the back lane to ask them what they are doing.

“He said that he was assaulted by all three. He’s punched to the ground. All three kick him.”

In Probation Service reports, McKenna and Hilton confessed to being drunk when they launched the attack.

Hilton, who has no previous convictions and looks after his disabled mum, claimed he had never before been drunk but had consumed vodka overnight – and said Mr Dyball had grabbed him first.

He admitted kicking him twice and said his actions had left him “shocked and disgusted”.

Jobless McKenna, who the court heard had previous convictions for violence, said he had been trying to get into his home when he had noticed his bicycle was missing and had asked Hilton and the unknown attacker to go and find it.

He admitted he had kicked Mr Dyball a number of times, but claimed he had dragged the other assailants off him and then helped him up.

Susan Grey, defending McKenna, said: “He accepts that he has committed offences in the past. He’s not in the same situation now, he’s had time to reflect.

“What he’s done is over the top and he’s gone with his peers and over reacted.”

Val Bell, defending Hilton, said: “He’s 19 and he’s never been in trouble before, accept for a caution of a different nature. This does seem out of character. It was shameful behaviour and he accepts that.”

District Judge Currer said: “You’re lucky that he has not been more badly hurt, you could easily have been being dealt with at the crown court.

“I accept that you are both sorry for what you have done. I hope that you get on with this work and get on with this sentence and don’t come back.”

As part of their suspended sentences, both defendants must complete 25 rehabilitation days’ work with the Probation Service.

They are also subject to a two-month 7pm to 7am curfew and must pay a £122 victim surcharge.