Frank Milligan death: Youths jailed for one year over cafe attack

Hayden Garratt, 21, Joshua Hewes, 21, and John Venn, 20, were all involved in barging into a cafe in Burgess Hill before an attack in the street on May 2016.

The three youths assaulted Darren Wynne and Natalie Cadman, who were working late to put the finishing touches to Upmarket 22, their family café in Church Road with her father Frank Milligan, 64.

Mr Milligan stepped in to protect Mrs Cadman after she was struck on the mouth by Garratt during a struggle with Mr Wynne.

Grandfather Mr Milligan died from a bleed on the brain shortly afterwards in the Royal Sussex County Hospital, Brighton. 

At a sentencing hearing at Lewes Crown Court, Judge Guy Anthony described the attack as “drunken, loutish and entirely unprovoked and unnecessary”.

 (Left to right) Joshua Hewes, John Venn and Hayden Garratt

The court heard manslaughter charges had been dropped in January after a report by medical experts found the attack was not related to Mr Milligan’s death.

In response the Crown Prosecution Service dropped the charge, as they said there was no realistic prospect of conviction.

Garratt, Hewes and Venn had been in a group on a night out on Friday, May 13, in Burgess Hill town centre. 

After 11pm the group were seen behaving noisily and Venn was seen kicking shop windows as they walked along Church Road. 

Shortly after 11.15pm, Hewes walked into Upmarket 22, which was unlocked as the family prepared for its opening the next day, and was asked to leave the shop. 

Venn then walked in and picked up a box of crisps. Hewes asked Mrs Cadman for beer. 

Mrs Cadman shouted at the men and ushered them out of the shop but things escalated.

Venn started headbutting windows before he goaded and squared up to Mr Milligan on the street, telling him “Come on if you think you’re hard”.

Venn then confronted Mr Wynne yelling verbal abuse. He was put in a headlock by Mr Wynne, who anticipated being hit.

During the struggle Mrs Cadman was struck on the mouth, chipping her tooth. The fracas ended when the yobs heard police were on the way.

Just a few hours later Mr Milligan's wife, Sue, called 999 after her husband began to feel ill. After suffering a stroke he died at the Royal Sussex County Hospital in Brighton the next day. 

Venn, of The Highlands, Cuckfield, Hewes, of Silver Birches, Haywards Heath, and Garratt, of Allen Road, Haywards Heath, all pleaded guilty to affray. 

Judge Anthony sentenced Garratt and Hewes to one year in prison and Venn to one year in a young offenders’ institution.

Judge slams 'drunken louts' 

In his sentencing remarks, Judge Guy Anthony slammed the thugs for their behaviour during the attack.

Before he sent Hayden Garratt, Joshua Hewes and John Venn down to the cells, he described the yobs as appalling and loutish. 

He said: “I would like to think all three of you share at least lurking doubt that your behaviour may have played a part in the death of Frank Milligan or at the very least feel remorse for having made so unpleasant some of his last few hours and are at the very least genuinely remorseful for your actions rather than simply sorry for the position you find yourselves in, though I am far from certain that is the case. 

“Even putting the death entirely to one side as I must, your behaviour that night was by any standards appalling, drunken, loutish and entirely unprovoked and unnecessary. 

“I do not not accept it was simply high spirits as is suggested by one or more of you to probation officers; it was irresponsible, frightening and criminal, something that, now at least, you have all acknowledged.”

The attack took place outside the cafe in Church Road, Burgess Hill

Earlier the sentencing hearing had heard from the defendants’ barristers in mitigation. 

Anthony Waller, defending Venn, said the 20-year-old felt “deeply ashamed”. 

The court heard he was due to be a father in April. 

Andrew Stephens, defending for Hewes, told the court the 21-year-old “wished that the clock could be turned back”.

He said Hewes played a lesser role and was seen at times on CCTV trying to usher Venn away. 

He added: “He knows he will carry so much of that with him, but nowhere near what others do.”

Gabby Henty, defending  Garratt, said her client was gutted for the victim and his family, some of whom he knows. She said he did not mean to strike Natalie Cadman in the struggle with Darren Wynne.

The court heard Garratt had previously been convicted for being found with a knuckleduster and an incident of threatening behaviour on Brighton beach.

Judge Anthony added: “I reiterate that you are not being sentenced for causing Frank Milligan’s death but only for your actions that night. I do not regard it as appropriate to suspend these sentences, they must be immediate.”

Emotions ran high at Lewes Crown Court, with a big police presence to keep order.

Mr Milligan’s wife, three children (Heidi and Scott Milligan, and Natalie Cadman) and family were kept away from the defendants’ families.

As the three were sent down, relatives shouted from the gallery “keep your head up” and “see you soon”.

Family criticise Crown Prosecution Service

The family of Frank Milligan have criticised the Crown Prosecution Service (CPS) over its decision to drop manslaughter charges. 

Mr Milligan had fallen ill only a matter of hours after the disturbance at the cafe on May 13, 2016. 

He suffered a stroke and died from a bleed on the brain at the Royal Sussex County Hospital in Brighton the next day. 

The defendants were charged with manslaughter and affray but following a medical report the manslaughter charge was dropped in January. 

(Left to right) Scott Milligan and his partner Darren Wynne, Frank's widow Sue Milligan, and their daughter Natalie Cadman and her husband Stuart Cadman

Speaking to The Argus son Scott Milligan, 35, said: “It’s just convenient just as our trial collapses. Failures of the CPS have been noted in the news and other charges have been dropped. I feel we fall into that bracket.

“My dad was healthy and fit and well. The moment those boys entered the premises his mental state had changed, defending his daughter. Therefore I believe there is a link with  the death of my father, however the CPS believes it not to be, which we will be challenging.”

Referring to that issue in court, Judge Guy Anthony said: “The closeness in time and the potential stress and anxiety it must have caused Mr Milligan will look to the non-medical mind to be bound to be connected.” 

A CPS spokesman said: “We keep cases under regular review. Following receipt of a joint expert report in this case, we decided the evidential test to support the charge of manslaughter was no longer met.

“We have provided Mr Milligan’s family with a detailed explanation of this decision and our sympathy remains with them for their loss.”