A MAN could go to jail for launching into an attack in which the victim suffered a broken nose.
Matthew Duncan, of Shepherds Rise, Droitwich, appeared at Worcester Magistrates Court and admitted a charge of assault a person thereby occasioning them actual bodily harm.
Owen Beale, prosecuting, said the victim had boarded a train at Worcester Foregate Street on May 28 last year but before sitting down Duncan had approached him.
After asking his name, Duncan then punched him in the face.
"It connected with his eye," the prosecutor said.
COURT: Matthew Duncan, pictured outside Worcester Crown Court earlier this month (Image: Sam Greenway/Newsquest)
"He had immediate pain. He lost a tooth."
Mr Beale said the victim had tried to get up but fell to the ground, unconscious after the blow.
After paramedics arrived they said the victim had to go to hospital.
The prosecutor said it was later assessed the victim had a fractured nose which had to be operated on to straighten it out.
Mr Beale added the crown felt the magistrates sentencing powers were insufficient suggesting the 25-year-old was sent to the crown court for a judge to decide his fate.
COURT: Matthew Duncan made his latest court appearance at Worcester Magistrates Court
Belinda Ariss, defending, said Duncan had thought he was going to be attacked by the victim so had "got in first" with the punch.
Mrs Ariss said he had mental health issues and had been diagnosed with asperges and ADHD.
After their discussions, Michelle Edwards, chairman of the magistrates bench, announced they had determined that they would send the case up to the higher court for sentencing.
The chairman told Duncan he would need to attend Worcester Crown Court on November 25.
She added Duncan was on conditional bail, one of the conditions being he should not contact the victim directly or indirectly.
The case was heard at Worcester Magistrates Court on Thursday, (October 27).
- Magistrates were told of Duncan's 25 previous convictions, including three battery offences in 2010, 2014 and 2016.
We reported earlier this month on Duncan narrowly avoiding going to prison for taking part in a street fight in which a teenager was stabbed in Evesham.
In that case Duncan was given an eight-month jail sentence, suspended 12 months, for swinging a number of punches in the fight outside the Old Swanne Inn pub in August this year.
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