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Victim suffered double fracture to jaw from kicks and punches as he lay on ground
11:46am Wednesday 5th February 2014 in News
A man who admitted carrying out a serious assault has to return to court so a judge can decide the severity of the violence used.
Liam Green pleaded guilty to a charge of causing grievous bodily harm with intent when he appeared at Swindon Crown Court today.
But Green, 23, denied a kicking to the head which was described as like a footballer taking a penalty during the incident in Malmesbury Road, Chippenham.
Green said he would plead guilty on the basis of a momentary loss of temper and that, while he kicked victim Owen Tabley-Barke, it was to the body and back of the neck.
As a result of the assault on Friday, June 21, the victim was knocked unconscious and suffered a double fracture to the jaw.
Colin Meeke, prosecuting, said: "It is extraordinary he can't recall any kicks but does accept kicking to the body."
He said not only were kicks aimed at the head but he also targeted it with punches as Mr Tabley-Barke was on the ground.
Mr Meeke read a section of a witness statement made by Natasha Duke who described what she saw.
She told police: "Once he was down the young lad then started to punch and kick Owen, he was not able to defend himself and was motionless on the ground.
"It was like the lad was running up to take a penalty in a football match. He kicked Owen several times.
"It was like he was going to kill him: it was extremely violent."
Mr Meeke told the court: "That is not reflected in the basis of plea, that is prosecution evidence I can't ignore."
Rob Ross, defending, said Mrs Duke's husband spoke of a kick to the back of the neck and the medical report did not support his wife's version.
Judge Tim Mousley QC said the case would have to be adjourned so a judge could hear the evidence and decide the facts of the case.
He released Green, of Exeter Close, Chippenham, on conditional bail to a date to be fixed.
A charge of common assault on Mr Tabley-Barke's wife Alana was dropped after the defendant admitted the more serious matter.
Releasing him, the judge said: "You have pleaded guilty, and quite properly in my view, to this offence.
"It can't be resolved today as there remains an issue to the extent of violence used. You should in any even expect a custodial sentence, an immediate sentence of imprisonment, for this."