Clubber who kicked man in the head is spared jail

PUBLISHED: 15:52 27 November 2008 | UPDATED: 15:46 25 August 2010

A CLUBBER caught on CCTV kicking a man in the head and then walking away in triumph has escaped a jail sentence.

A CLUBBER caught on CCTV kicking a man in the head and then 'walking away in triumph' has escaped a jail sentence.

Louis Payne and Jonathon Barnard, both 22, attacked James Mathieson in a Bexleyheath taxi rank queue, punching him to the ground and stamping on his head.

Payne of Lipton Close, Thamesmead, was then seen twice kicking Mr Mathieson in the head as he lay on the ground, before proudly sauntering away, leaving his bleeding victim drifting in and out of consciousness.

The Old Bailey heard that a group of drunken thugs started pelting Mr Mathieson's car with stones as he drove past the OHM bar in Albion Road in the early hours of March 2.

A furious Mr Mathieson pulled over, grabbed a crowbar and ran up to the louts.

Thinking Payne was one of the gang, Mr Mathieson rushed up to the defendant, who was busily texting a girl he had just met that evening and the fight began.

Defending him, Annabel Privett told the court that Payne had nothing to do with the stone throwing and didn't even know the group of men.

And he also ended up with a fractured cheek after being whacked on the side of the head by an enraged Mr Mathieson.

Sparing him jail, Judge Martin Stephens, QC, told Payne: "You walked away in triumph having kicked a man twice in the head while he was on the ground.

"What you did was quite dreadful." Payne was given a community punishment order of 200 hours and banned from going out on weekend nights for the next two months.

He was also ordered to pay £500 costs. His co-defendant, Barnard, of Abbey Grove, Charlton was bound over to keep the peace for a year during a recent trial.

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