TWO youths responsible for a savage kicking, which left their victim brain-damaged in a pool of blood, are behind bars for a total of six-and-a-half years.
A video of a CCTV recording was played at Burnley Crown Court to show how James McKee's suffered a brain haemorrhage and a smashed jaw in the street attack in Accrington.
The recording showed Gulfan Taj, 19, and Ansar Haq, 20, repeatedly kicking their victim. Haq twice stamped on Mr McKee's face as he lay motionless in the street in the early hours.
Sentencing the duo, Judge Raymond Bennett said he was prepared to accept Mr McKee had provoked them.
He sent Haq, who had punched the complainant and knocked him down, to detention for three-and-a-half years while Taj was sentenced to three years.
Haq, from Accrington, but then living in Glasgow, admitted inflicting grievous bodily harm with intent, at the first opportunity. Taj, of Blackburn Road, Accrington, pleaded guilty on the day of trial.
Mohammed Nawaz, prosecuting, said Mr McKee, 26, had been out drinking on October 8 with two friends, and he and a friend met with the defendants' group on Blackburn Road. Mr McKee was abusive to Taj and Haq and swore at them in Punjabi. Mr McKee challenged Taj to walk down the street and fight and he did so.
During the attack that followed, Haq kicked Mr McKee 11 times, including standing on him three times, and Taj struck four or five times. Mc McKee was left unconscious in a pool of blood, with blood pouring from his ears, nose and mouth.
His breathing was very laboured and stopped briefly on the way to hospital but ambulance crew managed to clear his airways.
A CT scan revealed blood inside the skull, brain swelling and paralysis to the right side of his body.
As well as the severe brain injury, a tracheotomy later had to be performed because of breathing problems.
When Mr McKee was seen by doctors last November, he was confused, disorientated and agitated. By December he had severe language and memory impairment, but although he continued to improve, he may have long lasting memory and personality changes.
Roger Brown, for Haq, said the defendant and the victim had far too much to drink. Mr McKee wanted to fight. Haq had "lost it" and bitterly regretted what he did. He had had the courage to plead guilty straight away, knowing the seriousness of what he did.
Mr Baldwin went on: "This was an intent but a momentary intent, lasting but a few seconds, but of course it only takes a few seconds to do quite a lot of damage."
Defending Taj, Norman Lowson said it was a tragedy for Taj, with no previous convictions, to be involved in the offence. The defendant was provoked and subjected to virulent racial remarks.
Taj played a secondary role in the offence and his four kicks were not full blooded. The offence was not planned, but on the spur of the moment, but when not in drink, the true Ansar Haq could be seen in references before the court. Haq had spent his 20th birthday remanded in custody and had taken steps to sort out his life.
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