A teenager who launched a vicious and unprovoked attack on two Icelandic tourists has been spared jail.
Lewis Kelly, 18, was part of a group dressed in black who attacked Geir Gunnarson and Fridgeir Gilason in the early hours of 19 October, 2019.
The pair were both sprayed in the face and beaten, leaving one of them with serious injuries, including a fractured eye socket.
Kelly, who was just 17 at the time of the attack, admitted assaulting Mr Gilarson and GBH on Mr Gunnarson, as well as two counts of possessing CS spray – although he denied being the one who had sprayed gas in the pair’s faces.
On Friday at Hove Crown Court, Judge Christine Henson told Kelly that the offences warranted a prison sentence – but after hearing about his difficult background, lack of previous convictions and that he had not got into trouble since, she suspended it for two years.
Prosecuting, Tim Devlin said Mr Gunnarson and Mr Gilason were two gay men from Iceland, who had come to Brighton for a short break.
The attack happened after a boozy night out with their friends when they were walking back to their hotel. As they walked past the Odeon, a group of four to six men, including Kelly, approached them.
Mr Gilason was the first to be attacked, being sprayed in the face and ending up on the floor.
As they walked away, the gang approached them again and Mr Gunnarson was sprayed in the face, blinding him, and he was repeatedly hit. He fell to the floor, and was then kicked in the head.
Mr Devlin said: “He was in the foetal position to protect himself and felt his head being stamped on and described the incident as terrifying and he thought he was going to die.”
The police examined CCTV from West Street and from the Pryzm nightclub, identified Kelly, of Gloucester Road, Littlehampton, and arrested him.
Defending, Mr Fryer said: “This offending is out of character, committed in particularly circumstances and in particular company.
“He is deeply ashamed by the way he acted on that night and that has been apparent throughout.
“He can’t quite believe when he sees that CCTV that it’s him and he’s appalled by what he did to these two men who were simply on holiday.
“He understands that if Your Honour gave him an opportunity to make good on the progress he’s demonstrated so far . . . the ball is then in his court and if he slips up, if he fails to adhere to your requirements, he’ll be back before this court and sent immediately to prison.”
Judge Henson told Kelly: “What a horrible event you allowed yourself to get involved in.
“Two people enjoying a holiday in Brighton and attacked by you as part of a group attack.
“There’s no information provided in this court on the evidence that it was a homophobic attack and therefore I do not give an uplift in sentencing.
“This was thuggish behaviour of a group which others and you played your part in. The injuries are indeed serious for both of your victims in this case.”
She said she was taking into account his age at the time of the offence, and the lack of any further offending both before and after, as well as mental health issues which his mother had struggled to get help with.
She said: “I hope that you engage with the suspended sentence order. It’s always disappointing to hear the struggle of parents who have tried to get the help they need, and the frustrations to have been met with.
“It seems to me that rehabilitation activity requirement days may in some part give you some of that assistance that you need to deal with some of your underlying issues and I hope that you will be able to progress forward to live a law abiding and full life.”
He was given two years for the GBH charge, 10 months to run concurrently for the assault, and no separate penalty for the two offences of possessing CS spray, which Judge Henson instead treated as aggravating factors to the first two charges.
The prison terms were suspended for two years, with a requirement for 25 rehabilitation days.
The CS spray was ordered to be forfeitured and destroyed. No compensation order was made after Judge Henson heard that Kelly is on benefits and supporting a seven-month-old son.
How much worse does a crime have to be before these scum get sent to jail? There’s just no deterrent.
So basically, it’s fine to have CS gas in your pocket now?!
The police and courts won’t do anything about it.
You can go out in a group of 6, ready to immobilise and beat up a couple of tourists (gay or not), and get away scott free? Zero penalty, not even compensation for the victims.
Wow!!
Same old excuses; “victim of society, victim of the modern world, promises to change his ways, making wonderful progress…”
The Judge had the wool pulled over her naive eyes.
These spineless judges are partly responsible for the soaring crime rate, and should be holding their heads in shame. They seem to be living on a different planet.
“I hope that you will be able to progress forward to live a law abiding and full life.” Does she really believe such nonsense?
What message is this giving out to other thugs, who now know that they can get away with any amount of violence? This one was 17 years old, not a child. And what about the others in the gang? Are they also being let off with just a warning? It is disgraceful. There is a saying that “the law is an ass”. Well, it is not just the law itself that is an ass, but the judges themselves, who seem to be the biggest asses in the land.
This is utterly scandalous. The CPS should appeal this ludicrous sentence. To see these thugs walk off with a pat on the head must be galling for the victims and police officers involved. What kind of message does this deliver to visitors?