Pair sentenced after McDonald’s worker stamped on head in ‘violent’ assault
PUBLISHED: 05:30 08 May 2020 | UPDATED: 10:27 08 May 2020
Two men have been sentenced after a McDonald’s worker was wrestled to the ground and stamped on the head in a “violent attack” which knocked him unconscious.
Ben Dyer, 28, who had grabbed the duty manager and pulled him to the ground, then turned to 38-year-old Steven Toms - who had stamped on the victim - to say: “Why have you done that?”.
The pair have now been sentenced for what a judge described as a “drunken thuggish behaviour”, which fortunately left no lasting injury, but resulted in Toms being jailed.
A hearing at Ipswich Crown Court heard how Dyer and Toms had entered the eatery with four other men at 2.40am while holding a pint glass full of beer.
A female member of staff approached Dyer asking him to leave the premises, as alcohol was not permitted.
Dyer refused and after being confronted again by an off duty manager, placed the glass on the floor and said he was going to urinate into it.
The manager picked up the glass and began to leave McDonald’s, at which point he was grabbed by Dyer and wrestled to the floor.
A tussle ensued, at which point Toms came over and stamped on the restaurant worker’s head, leaving him unconscious for a number of minutes.
Dyer then moved the victim into the recovery position.
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The pair were later summonsed to Chelmsford Magistrates’ Court on Monday, December 9, where they pleaded guilty to causing actual bodily harm (ABH).
Both Dyer and Toms were sentenced during the hearing, which was held over Skype by Judge Rupert Overbury on Thursday, May 7.
Steven Levy, mitigating for Dyer, of Cressing Road, Witham, said the 28-year-old had admitted the situation in McDonald’s got “way out of hand”.
However Judge Overbury described the act as “drunken thuggish behaviour which fortunately left no lasting injury” but said that the defendant showed regret for his actions.
He sentenced Dyer to six-month imprisonment, suspended for 18 months.
While sentencing Toms, Judge Overbury describe his actions as a “particularly violent attack”.
He sentenced Toms to eight months imprisonment for the McDonald’s offence as well as a further 18 months for a second assault which took place while he was on bail.
The court heard how Toms had got into an argument with his former partner while drunk.
He became violent and was verbally abusive towards her, before swinging “roundhouse punches” at her.
The victim was knocked unconscious and suffered a split lip, which was treated with 10 stitches.
Jonathan Reuben, mitigating for Toms, of Cherwell Way, Gorleston, said the defendant, who was remanded in custody following the second attack, had “done a lot of thinking” and was “extremely ashamed of his behaviour”.
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