Brawler spared jail after caution
Date published: 07 January 2009
A pub brawler has been spared prison after a judge criticised police for letting an accomplice off with a caution.
Grant McDonald (18) was one of two men arrested after they were involved in a fight outside a pub in Oldham.
A victim was punched and kicked on the floor suffering bruising and a possible minor brain injury.
McDonald, of Middlegate, Garden Suburb, had sent text messages urging people to throw missiles through the pub window.
He was charged with assault but his accomplice was let off with a police caution.
At Minshull Street Crown Court, Manchester Judge Peter Lakin said he wanted to jail McDonald but could not because he was taking into account the fact police did not prosecute the other man.
The judge told McDonald: “Your text messages clearly demonstrate you were intent on making trouble.
“You launched a vicious and unprovoked attack on Mr Boyle.
“My view is that you should spend your 19th birthday in custody, but I take into consideration that the other man was given a caution.”
McDonald was made subject of a community order for 12 months and given 200 hours unpaid community work to be completed in the next 12 months.
He was ordered to pay £350 compensation and prosecution costs of £263.
Earlier the court heard the incident occurred on February 10 when McDonald, went to a party at the pub with friends.
McDonald pleaded guilty to assault.