A MAN who launched an unprovoked drunken and drug-fuelled attack at the 'drinkers' wall' in Winchester has avoided an immediate prison sentence.
The judge said he risked public criticism but something must be done to stop the cycle of offending gripping Joseph Flowers. He was handed an eight-month jail sentence suspended for two years with an alcohol treatment requirement.
Flowers, 43, pleaded guilty to assault causing actual bodily harm in which he punched and kicked Anthony Steele after he refused to give him money.
The attack happened outside Kings Walk on Middle Brook Street where in recent years drinkers and drug addicts have regularly gathered before the city council removed the crenellated brick wall last month (May). CCTV footage of the attack was shown to the court.
Winchester Crown Court was told that Flowers suffers mental health issues and had drunk a bottle of vodka, taken drugs and damaged his room at the Trinity Centre, for which he was evicted, shortly before the attack on March 13.
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The judge, Mr Recorder Donald Tait, said: "Some people might think I have gone soft in the head but unless we break this vicious circle you are going to be in court every few weeks."
Steve Molloy, prosecuting, said: "Mr Steele was sitting on a wall near to Sainsbury's and saw the defendant asking about money. He approached the victim and asked him for money. Mr Steele said 'I'm not going to give you any money' and the next thing he knows is waking up having been knocked to the floor."
Mr Steele was punched and kicked and stamped on whilst lying on the ground, said Mr Molloy.
"After the incident took place the defendant approached him and apologised for what had happened. He said 'I know I'm going down for this but I'm sorry, I don't know what I have done'. After watching CCTV of the attack Flowers said 'it wasn't the worst thing in the world but was out of order'."
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Although both Flowers and the victim were described as being "part of the homeless community in Winchester" Flowers' address on the court record was given as Down Gate, Alresford.
Chloe Jay, mitigating, said her client had shown remorse. "His childhood experiences resulted in him resorting to drug and alcohol abuse from the age of 14, with low self-esteem, defensiveness and aggression. There has been a cycle of drugs and mental health problems for many years. He is very depressed and finds it hard to get out of bed. He has lost his dignity, he can't get a job, can't get a girlfriend, he is angry at the world."
Miss Jay added: "Sending him to prison will not help. There is a need to break the substance abuse so he can seek help for the mental health problems."
Sentencing, the judge said: "This was a nasty and unprovoked attack in a public place and a lot of people were disturbed by what they saw. Unless you address your drinking you will be coming to this court on a regular basis. I am going to give you an opportunity to address your issues. If I send you to prison they will not be addressed at all, you will go in and come out and nothing will have changed."
As part of the sentence Flowers must undertake 30 days of rehabilitation activity.
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