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Thugs who beat up teen are spared jail
Reporter: COURT REPORTER
Date online: 10 February 2010
TWO Oldham men who beat and robbed a teenager outside a town centre nightclub because he was ‘being a nuisance’ were told they had escaped being sent to prison by a whisker.
Aryan Busby (22), and Heath Kinder (19), attacked the youth, hitting him and knocking him to the ground.
They then stole his wallet, and a gold chain from around his neck as he lay injured.
Mark Angus prosecuting, told Manchester’s Minshull Street Crown Court that their victim, 19-year old Ashley Chambers had been with friends at Oldham’s Mink nightclub before the incident in August last year.
He left his pals, and recalled joining a group of people outside, when he left at around 4am.
He was drunk, but remembered feeling a sudden blow to his head and was then punched and kicked.
A police officer on duty close by, saw three people involved in the attack, and gave chase when they fled.
Busby and Kinder were spotted climbing over a wall and running off down an alley.
The stolen wallet and neck chain were both found in the street.
The court was told that Mr Chambers was said to have “mouthed off’’ to the pair and the group they had been with, and generally made a nuisance of himself after leaving the club.
When interviewed by police both admitted hitting him, and taking the items. Busby, of Bodmin Close, Royton, claimed to have seen the wallet on the ground and not known it belonged to the injured man.
Kinder, of Moor Street Shaw, said he took the gold chain, but didn’t know why.
The court was told that both men had acted completely out of character, and had expressed regret for what they had done.
The pair who both pleaded guilty to charges of assault occasioning actual bodily harm and theft, were told they will be subject to curfew by electronic tagging every weekend for the next six months, and each was ordered to pay £300 costs.
Kinder was ordered to carry out 200 hours unpaid work in the community, and Busby 150 hours.
Sentencing them, Judge Bernard Lever said: “I will remember this case, and I will remember you two. You escaped prison by a whisker this time.”
Comments
These idiots should be behind bars. What sort of justice is this? Its a daily occurence now, beat someone to a pulp, rob them and be handed a small fine. Its shameful.
What a joke, no wonder this country is in such a mess when judges give out such lenient sentence.
Cameron and his cronies keep harping on about establish famaliy values are the way to fix "broken Britian", but when will realise that until the sentence befit the crime .(i.e. 4 years means 4 years, not 18 months), the Britian will remain broken.
Compare & contrast the much more severe sentence that these two have received, with the two Asian males a few days ago involved in the 'honour beating'. In both cases the attackers allege an perceived provocation and the defence of it being 'out of character is the same.
But in this case the sentence is more than double. It's a two tier 'justice' system
It is disgusting that these two thugs eacaped aheftier sentence. I'm not sure what fightback is implying, but I hope he is not a closet-racist.
If you look at the age of these attackers they are products of a Labour Government.
timberwolf I don't know what you're reading, but it isn't the same as me!
A small fine? I can't see that a fine was part of the sentence! £300 costs each, plus 6 months weekend curfew, and 200 hours community service for one, 150 for the other. That's quite severe these days, at least they have to put something back, but if you think prison is better go have a word with the people of Chadderton who didn't want a prison built near them!
Yes, fightback, I do have to something to say. This is an example of the drink to get drunk culture in this country and it's disgraceful. I assume you named me due to my comment on the "honour" beating. So called "honour" beatings are alien to this country's culture & so is drinking to get drunk. Both are fairly recent developments and both are to be criticised. Do you think "honour" beatings should be ignored because they happen within an ethnic minority community? Wouldn't that be racist?
Twice in 2 days, stories about violent thugs getting away with it YET AGAIN. Same pathetic excuse "acted completely out of character". This country is run by criminals and thugs while decent people suffer.
idid...Im not implying anything, re-read what you wrote in the "honour beating" article badged up by the chronicle and questioned by you as an islamic practice. You were quick to label Islam and you want to know if I am bigoted - bit rich wouldn't you say?
Yes Fightback - I say the same as I did to the similar incident last week. It seems that I can go out and beat up some innocent person knowing that my previous good character will spare me a jail sentance. As for sentances of community service; it seems these thugs are willing to take the risk of that for their wrongdoings, so the punishment should be one which they fear. Bring back the birch ! (Oh, of course, the PC brigade will all be up in arms about that).
fightback, I suggest you re-read my comment on the honour beating. I never used the word Islamic. I described as imported. I did not label Islam but you are quick to label me. To quote yourself - bit rich wouldn't you say? please do not put words in my mouth or imply that I am racist, it is both incorrect and offensive. Should you do it again, I will have no choice but to report your comments.
Sorry Flake but £300 to me is a small fine(amounts to a fine) for beating and robbing someone in the street. As for the tags and community service, not enough. Prison? no, tv's,playstations and a gym. National service in Afghanistan for 2 years, yes. Frontline, yes. Hopefully this would save the lives of some of our valued troops.
Peter..to paraphrase what you said in the honour beatings comments "... This is a fine example of how imported customs are at odds with this country's culture". I would say the thuggish behaviour was not at odds but fits right in.
For the record beatings of any description should not be ignored
Peter..When did I say you used the word Islamic.
"bit rich " was specifically directed at somebody else, do you have trouble with reading and comprehension?
I'll imply what I like, its free speech. After all everybody else does that everyday on these comments pages.
Run to whomever if you must but don'threaten me. I wont curl up and go away.
Fightback, my apologies, I've just realised your comment of 10/02/10 was directed to idid... not to myself.
fightback, the question then is, why did you include me in your little list? Do you think I wouldn't criticise such behaviour? I always have done, whenever I have posted a comment on such news reports, and I will continue to do so, no matter who is involved. As far as I'm aware, so have the other people you name in your initial post.
Yes I did have something to say Fightback. You will find my comment underneath yours (second one) and posted at the same time(before yours was visible). You can see my thoughts on this incident. I assume your first comment with my username mentioned in it, is there because I also condemned the so called honour beating? Did you think that wrong of me?
Peter - Criminal behaviour by Asians is never left at that. There is always the need for an underlying dig at our religion, culture, habits etc. When two similar stories are printed its evident from the comments posted. This time I was determined to get the same comments for both stories. Please read again not everybody has commented on this story that commented on the so called "honour beating"
and no mention of culture or religion on this story except mine.
fightback, if you are thinking that I hadn't commented on the item because the offenders were white, you are mistaken. I posted after I had read the item, some 5 hours after you. I responded not only to your post but also to the item itself. I have and will criticise anyone who uses violence. I get the impression from your posts that you think I only comment against non-whites; I would find that offensive and racist, apart from incorrect. I'm glad we both agree that all violence is to be deplor
timberwolf - As mancunian said it was not an honour beating (even I missed that).
But you were quick to get the "cultural" angle dig in. Why not here, after all a stranger out in Oldham on Friday night would think its "cultural" to get drunk and start a fight. But we all know that is wrong, but its never stopped a whole race of people being stigmatised by people like you linking an individuals criminal conduct to a race as long as he is not white.
Have Your Say
Talk about cultural- get drunk, beat somebody up - Anything to say Flake, Idid..,Keith, Thou dumber, timberwolf, Peter, Oldham Scotland
By fightback @ 10/02/2010 13:06:24