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Teen jailed for attack on man who asked youths to stop making noise
2:07pm Tuesday 3rd September 2013 in Crime
A teenager who took part in a brutal attack on a man because he asked a group of youths to stop making noise outside his flat has been jailed for 27 months.
Warehouseman Andrew Toseland, 49, suffered a severe head injury, was in a coma for two months and will need care for the rest of his life following the assault outside his flat in Gosport.
Brandon Fisher, 19, held back Mr Toseland's brother Robert as another teenager, Samuel Armstrong, kicked and stamped on their victim's head as he lay unconscious in a pool of blood, Portsmouth Crown Court was told. Fisher did not assault the brothers himself.
Armstrong, also 19, was also due to be sentenced today but his barrister was ill and he will be dealt with at a later date.
Matthew Lawson, prosecuting, said the pair had been at a party at a block of flats in Forton Road on August 25 last year but had been kicked out. Fisher had drunk half a bottle of vodka and the two, with others, were making a noise - prompting the Toseland brothers to leave their flat to ask them to be quiet.
After a row Robert Toseland was punched and the youths left only to return with another boy, then aged 16.
The Toselands came out of the flat again and were immediately attacked by Armstrong who punched Robert Toseland and aimed a flying kick at Andrew Toseland, the barrister said.
Mr Lawson added: ''Mr Armstrong punched him to the floor and was kicking and stamping on Andrew Toseland who was unconscious. While this was going on Robert Toseland tried to intervene to stop Samuel Armstrong stamping on his brother, but was restrained by Mr Fisher and Samuel Armstong continued to stamp on Andrew Toseland's head.''
The men left with Mr Toseland unconscious in a pool of blood. He suffered blood clots to the brain and his glasses had been smashed into his face, the court heard.
''The brother (Andrew Toseland) was simply trying to stop the noise outside his flat late at night,'' Mr Lawson said.
In mitigation, the court heard that Fisher tried to stop the attack when he realised how serious it was and that he did not attack anyone that night.
Jailing him, Judge Sarah Munro said he bore some responsibility for Mr Toseland's injuries because he restrained his brother.
''I accept it was never your intention that Andrew Toseland suffer anything like the injuries that he in fact did,'' she told him.
But she added that the assault's ''hideous consequences'' meant jail was the only option.
Fisher, of Old Road, Gosport, admitted unlawful wounding on the basis that he had a subordinate role in the assault.
Armstrong, also from Gosport, has admitted causing grievous bodily harm with intent on Andrew Toseland and actual bodily harm on Robert Toseland.
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