Thugs who beat up teen are spared jail
Reporter: COURT REPORTER
Date published: 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.”