Brothers in street attack

Chesterfield magistrates court.
Chesterfield magistrates court.

Two Chesterfield brothers escaped being put behind bars after they attacked a man who struggles with social situations.

Chesterfield magistrates’ court heard on Friday how Wayne Allen, 24, and Steven Allen, 21, both of Green Street, Old Whittington, assaulted the 20-year-old outside the Sealion fish shop at Old Whittingon.

Prosecuting solicitor Ian Shaw said: “This man went to the chip shop with his mother and Wayne and Steven Allen started to talk to him which he was uncomfortable with. When they came out the young man was in a stressed state and he seems to have feared something was going to happen and it seems he punched Steven Allen and Wayne Allen became involved and Ben was taken to the ground and Steven Allen then kicked the man in the head.”

The court heard how Wayne Allen then threw a brick through a window at the complainant’s home.

Wayne Allen pleaded guilty to assault and damaging a window after the incident in May and Steven Allen pleaded guilty to assault. Defence solicitor Steve Brint said Wayne Allen grabbed the complainant to stop him from causing more injury. Mr Brint added that Wayne Allen went to the complainant’s home to get an explanation before foolishly breaking the window,

Robert Sowter, defending, said Steven Allen was punched and retaliated which he deeply regrets.

Magistrates sentenced Wayne Allen to three months’ custody suspended for 12 months and 80 hours’ unpaid work. He was ordered to pay £85 costs, an £80 victim surcharge and £233.43 compensation. Steven Allen was sentenced to four months’ custody suspended for 12 months with 100 hours’ unpaid work, £85 costs, an £80 victim surcharge and £150 compensation.