DRINK-FUELLED brothers who repeatedly kicked a man in the stomach and head as he lay on the ground outside a lap dancing club have been sent to prison for 16 weeks.
Daniel Orrick, 19, and his brother Sean Orrick, 27, of Oakwood Gardens in Gateshead were on a night out with friends in Chester city centre when they became involved in a brawl.
Appearing before Chester Magistrates last Friday the pair, who work as technicians for EDF Energy at a power station in Runcorn, pleaded guilty to using threatening behaviour with intent to cause fear of violence, despite Magistrates believing that the charge should have been assault or affray – which carry much harsher sentences.
The court heard how at 2.30am on May 11 the Orrick’s were part of a group of men from Newcastle on a night out in Chester, when they waited outside the Platinum Lounge, on Bridge Street Row, Chester, for a friend to leave the club.
While they were stood there a group of London men approached the club and insults over accents were exchanged before a fight broke out between the gangs.
CCTV shows how officers tried to break up the violent fight, where a bouncer is being pinned to the wall by his throat, but as Daniel Orrick tries to escape and is apprehended by police, his brother continues to assault the man repeatedly kicking him in the head.
CPS prosecutor Sue Gibson explained to the magistrates why the charge against the defendants was not more serious, saying: “Clearly we made further inquiries, but the person they had attacked lives down south and was reluctant to make any complaints. He was taken to the hospital for stitches and to be treated for concussion. He refused to co-operate with police,” she said.
“It was not viable for them to be charged with affray, as there were no bystanders who could see the incident or be intimidated by it.”
Defending, Derek MacDonald said that it was ‘quite a horrific incident’ and that the men were sorry for their drunken actions.
“They both have very respectable and well paid jobs. They did not go out looking for trouble on that night.”
Sentencing the brothers to 16 weeks in prison, Magistrate Stuart Clarke said: “This is at the very high end of a section 4 public order offence. This is clearly totally unacceptable behaviour on the streets of Chester that will not be tolerated.”
Two other men were cautioned during the incident and another man is due to appear in Magistrates Court on July 25 in connection with the fight.
Inspector Gareth Woods of Cheshire Constabulary said: "The men were arrested following a disturbance in the street during which a man was assaulted. In line with protocol, direction for criminal charges of this nature was sought from the Crown Prosecution Service, who instructed that Orrick should be charged with a public order offence."
