Last updated at 13:04, Monday, 09 February 2009

A CLUBBER lost consciousness after being kicked in the head, a court heard.

A crowd of people screamed and gasped after they witnessed a running kick delivered to Scott Hayton’s head as he left Scorpio nightclub.

Mr Hayton then woke up in a hospital bed.

Barrow brothers Daniel Davies and Jason Davies both pleaded guilty at Preston Crown Court to actual bodily harm assault.

The court was told that Mr Hayton had earlier been in the Scorpio club last July and had met a female friend.

He became aware the two defendants were in the club.

Miss Kirsten McAteer, prosecuting, said the two brothers goaded him and pointed up to where he was.

The court was told Mr Hayton told them he didn’t want a fight and walked away from them.

The brothers went over later, trying to provoke him, knocking over drinks.

At one stage Daniel Davies pushed him and Mr Hayton pushed him back.

Around 4am, Mr Hayton had left the premises and was intending to walk the woman home.

He remembered being outside, lying on the floor and telling Daniel Davies he didn’t want a fight.

Miss McAteer said: “The next thing he remembered was waking up in hospital on the Sunday morning.

He understood he had been unconscious. He had sustained a two by one centimetre laceration above his right eyebrow.”

He could not remember much of what happened, but a witness outside the club saw him punched to the head and a fight started.

The witness said: “Mr Hayton had the male pinned to the floor and saying ‘I’ve told you leave me alone’.

Daniel Davies was said to have run and kicked Mr Hayton to the head, resulting in him falling to the floor and blood coming from his head. It would appear he was unconscious.

“ He woke up briefly and then lost consciousness,” Miss McAteer told the court.

Another witness spoke of a scuffle between Mr Hayton and Jason Davies.

Daniel Davies was then said to have run at him and kicked him hard to the head.

“A group there screamed and gasped. It was horrific to watch, the eyewitness said,” Miss McAteer added.

Jason Davies later told police there had been previous problems between them and Mr Hayton.

He accepted having fought with him outside the club and said that at one point, Mr Hayton was on top of him, “strangling” him.

Daniel Davies claimed Mr Hayton had been “cocky” that night. He saw a fight between him and his brother and went over, kicking him once.

Mr James Heyworth, for Daniel Davies, said he had described what happened by stating that his foot had not been connected to his brain at the time. He had acted out of character.

“In a moment of madness he kicked the complainant. He has clearly shown remorse for that and concern for the victim when interviewed by the police.”

Mr Richard Bennett, defending Jason Davies, said there was a background to what took place that night.

His client had had too much to drink and he had to learn to walk away from a fight.

Judge Simon Newell told the brothers: “Whatever anyone says, it appears right that it was two on one that night and he came off worse.”

Daniel Davies, 20, and his 19-year-old brother Jason Davies, both of Fenman Close, Barrow, were given nine months’ youth custody, suspended for 18 months, with 18 months’ supervision.

The pair were each ordered to do 150 hours of unpaid work for the community.

First published at 11:52, Monday, 09 February 2009
Published by http://www.nwemail.co.uk