Judge orders thug to cash machine to get compensation for victim - then halves his jail sentence - News - Evening Standard
       

Judge orders thug to cash machine to get compensation for victim - then halves his jail sentence

Furious: Judge Paul Downes ordered Gary Hickton to go to a cash point to get compensation for his elderly victim
A judge ordered a thug out of the dock and to a cash machine to withdraw £750 compensation for his elderly victim.

Later, Judge Paul Downes jailed Gary Hickton, 42, for nine months for knocking over frail Shirley Smith, 72, who suffered a broken hip.

But he told him the prison sentence would have been twice as long if he had not gone to get the money.

Hickton pushed Mrs Smith over in Swaffham, Norfolk, last November. She needed a hip replacement after the assault and had to cancel plans to go on a "dream" cruise.

At Norwich Crown Court, Hickton, who was recently made redundant with a £5,400 pay-off, admitted unlawful wounding and expressed his remorse.

Judge Downes told him: "I don't want anybody to think I am bargaining with you but if you can come up with compensation your sentence will be substantially reduced.

"If I allow you bail, will you go and get the money?

"I am thinking about £750."

Hickton, of nearby Dereham, agreed and went into the city with his partner to get the cash, returning later in the morning to be sentenced.

Judge Downes then told him: "I am going to halve what you would have got.

"You would have got a sentence of 18 months if you had not paid compensation.

"This was brutish behaviour on your part against an elderly and frail woman. It was unjustified and unwarranted behaviour - an act of brutality."

Mrs Smith was not in court on Tuesday to hear Judge Downes order that the money be passed on to her with a full explanation.

"This is not a valuation of her injury," he added.

"The courts do not think like that but I think she ought to be allowed some compensation."

Christopher Youell, prosecuting, said Mrs Smith was shopping in Swaffham Market Place when she was confronted by two women and a dog.

She tried to get past them when Hickton, who has two previous convictions for threatening behaviour, pushed her and she fell over.

Jonathan Dunne, defending, said Hickton and his partner and mother were out walking when one of them asked why the elderly woman could not walk round them like everyone else.

His partner claimed that Mrs Smith grabbed her left forearm and held it.

Mr Dunne said Hickton thought Mrs Smith had hold of his girlfriend's arm and lost his temper.

He said: "He should not have done what he did and is very sorry.

"This is out of character. His partner has a frozen shoulder and he completely over-reacted."

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