A Cumbrian dog owner seriously assaulted an innocent man after a minor misunderstanding.
Liam Yates, 23, of Limestone Road, Kendal, admitted a charge of assault causing actual bodily harm when he appeared at South Cumbria Magistrates' Court on Thursday, 3rd February 2022.
ABH, an offence contrary to section 47 of the Offences Against the Person Act 1861, has a maximum penalty of 26 weeks' custody on summary conviction; 7 years' custody on conviction on indictment.
Magistrates heard that Yates was walking his Alsatian dog in Kendal on Sunday, 25th July 2021 when it jumped up at passer-by.
Prosecutor Lee Dacre outlined the facts of the case: "Peter Atkins was walking along Lound Road. The defendant was walking the towards him with a large Alsatian dog.
"The dog leapt up at him and he moved it off him.
"Yates said: 'I'm going to take my dog home and kill you'."
True to his word, Yates did return home to drop off the dog. He removed his shirt and headed back to Lound Road to tackle Mr Atkins, who he wrongly believed had slapped the dog.
Yates struck Mr Atkins in the face from behind, which caused him to fall forward onto the pavement. He was left with a split lip that required corrective surgery at Lancashire Royal Infirmary.
Karen Templeton, mitigating, said: "He fully accepts responsibility.
"He perceived the victim had pushed the dog away.
"On reflection he very much regrets what happened.
"He says he's disgusted."
Magistrates were of the opinion that the "unprovoked attack" was so serious that only an immediate custodial sentence was appropriate.
Yates was sentenced to 24 weeks' custody.
He was also ordered to pay £500 in compensation to Mr Atkins.
There is no mention of prosecution costs or surcharge, so it is possible these were waived in favour of the compensation.
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