Pair attacked in flat during spirit-drinking session

Luke Stuart Swift and Andrew Newman Joseph Auty launched the assaults at a flat on John Street, Wakefield, on May 13, 2018.

Due the pandemic the case was shelved but was returned to Leeds Crown Court this week where the pair were sentenced.

Prosecuting, Jessica Strange said that Swift had taken bottles of spirits to the home of one of the victims, and were later joined by other men, including Auty, and a female who was Swift's ex partner.

Comments were made about the female as they all drank the neat spirits, which angered Swift.

Without warning, Auty then punched one of the men repeatedly to the head, encouraged by Swift, who then turned his attention to another man, and began punching him.

The second victim fell to the floor and tried to protect himself, but Swift then got on top of him, pinning his arms down with his knees, and continued punching him around the head.

Swift and Auty then tried to rip a TV from the wall, but were unable to and Swift broke the screen with a punch.

Swift then walked out with a TV box and a mobile phone, while Auty stole two laptop tablets.

Both victims attended hospital with extensive swelling and bruising around their faces.

After being arrested, Swift admitted being at the flat but denied the offences, while Auty denied even being present.

The court was told that Swift had eight convictions for 13 offences, including time spent in jail for robbery.

Auty has 10 convictions for 29 offences including burglaries and thefts.

Swift, 26, of no fixed address admitted causing actual bodily harm, criminal damage and theft.

Auty, 46, of Flanshaw Lane, Wakefield admitted actual bodily harm and theft.

Mitigating for Swift, Philip Mahoney said: "There's little that can be said. It was unpleasant and distressing but there's obvious remorse."

He said he had a difficult start in life, with his mother being a drug addict and his father a criminal, and Swift was left "rattling around various care establishments with no consistent parenting provided".

Mitigating for Auty, Robin Frieze said that he had changed since then, and was in full-time employment.

The judge, Recorder Catherine Silverton handed Auty 10 months' jail suspended for 18 months and 60 hours of unpaid work.

Swift was given 15 months' suspended for 18 months and 80 hours unpaid work.