Thugs spared jail for gang attack on students (From The Argus)

Thugs spared jail for gang attack on students

5:56am Tuesday 7th August 2007

• Print
• Email
• Share

A pair of teenagers who took part in a sickening gang attack on foreign students have been spared jail.

James Hay, 18, and Tom Brennan, 17, waded into a group of Austrian visitors at Churchill Square in Brighton.

Footage from CCTV cameras boasting of the attack appeared on internet sites YouTube and Bebo complete with a rap sound track.

Last night community leaders criticised the decision not to jail the pair for their part in the attack.

Brighton and Hove City Council leader Brian Oxley said he was surprised at the sentences.

He said: "I view attacks against the person as a very serious crime whatever the circumstances.

"Goodness knows what the victims must have been feeling at the time.

"The importance of sentencing is to get the wider message across that this type of behaviour is not acceptable in any form."

Hay, of Marine Parade, Brighton, was filmed kicking one student twice in the back as he lay defenceless on the ground.

Brennan, of Meadow Close, Hove, swung a haymaker punch at another terrified student.

The most serious violence was meted out by others outside Borders bookshop on February 14.

Four youths, who cannot be identified for legal reasons, were jailed for between four and six months in March.

Brennan pleaded guilty to affray and Hay to common assault. Both appeared at Hove Crown Court for sentence yesterday.(mon) They were given supervision orders and will have to do unpaid community work for their lesser roles in the attack.

Last year an average of 13 foreign students a week were victims of crime in Brighton and Hove.

The figures sparked fears the city's economy could be damaged if the thousands of international students who travel here each year are put off by the threat of crime.

Anthony Drury, the principal of GEOS English Academy in Portland Road, Hove, said foreign students are vulnerable to criminals on the city's streets.

He said the courts should seek to protect visitors to Brighton and Hove.

He said: "I would hope that the punishment would fit the crime.

"Anything which helps protect international students visiting our city should be welcomed.

"I don't know the particular circumstances of this attack so I cannot really comment on it.

"We are still getting attacks on foreign language students visiting the city.

"One of our students was attacked as she was getting money from a cashpoint in the centre of Brighton two weeks ago.

"Whether that was directly as a result of her being a foreign language student or not I cannot say as this type of thing seems to happen anyway."

Mark Burridge, the principal of Brighton School of English in Brunswick Place, Hove, said the youths who led the attacks deserved jail.

He said: "We hate any kind of attacks on foreign students like this.

"It does nothing to help the image of Brighton as a major place for people to come to learn English.

"But it sounds like these sentences are just about right with prison for the worst offenders and community work for the less serious."

Jeffrey Lamb, prosecuting, told Hove Crown Court that Hay was part of a 30-strong gang who confronted the Austrians.

Brennan was out with his girlfriend but joined in the attack as it started.

Mr Lamb said Jonathan Koz and Christopher Huber were both assaulted.

Mr Huber was kicked in the back, face and head while he was on the ground and Mr Koz was hit in the face.

Rebecca Upton, defending, said Hay was angry because he had split up with his girlfriend that night.

She added: "He is seen trying to defuse the situation at first and leads one of his group away down the steps.

"At the very end of the incident he returns and almost without thinking he kicks Mr Huber twice in the back.

"He was angry because he had split with his girlfriend. His emotions got the better of him and he acted out of character."

Tony Loder, defending, said Brennan had not known at the time that he suffers from Attention Deficit Hyperactive Disorder (ADHD).

He said the condition had only been diagnosed after the attack and Brennan is receiving help for it.

Mr Loder added: "He is now a completely different young man and this might not have happened if it had been discovered earlier.

"He understands the effect his behaviour must have had on the Austrian students.

"He says if he could meet them now he would apologise for what he did.

"At the time this happened he was on the verge of having an anti-social behaviour order served on him.

"He is now a totally changed young man who has become a mentor to a 12-year-old with ADHD."

Brennan was given an 18 month supervision order and must do 100 hours unpaid community work.

Hay was given a 15 month supervision order and must complete 140 hours unpaid community work.

Police launched an investigation into how the CCTV footage found its way onto the Bebo and YouTube websites after the attack.

It was filmed by a police CCTV camera in Western Road and footage remains the property of Sussex Police.

However, copies relied on as evidence by the Crown Prosecution Service are made available to defence lawyers.

A Sussex Police spokeswoman said: "We are happy that the CCTV footage did not come from a police source.

"However, the defence are entitled to see and have copies of all prosecution material which they did in this case.

"We are unable to comment on what the defence lawyers have done with that material.

"We have since reviewed our practices with the CPS and new measures have been put in place to ensure this doesn't happen again."

• Print
• Email
• Share