Long Sutton man who fractured victim’s skull with one punch will be jailed if he drinks alcohol within 120 days

A drinker who fractured another man’s skull with a single punch has avoid jail - but will find himself behind bars if he consumes alcohol within the next four months.

Judge Daniel Church told 31-year-old Levi Matthews he was fortunate to be ‘millimetres’ away from facing a more serious charge, and that he wasn’t being sent to prison due to the ‘significant impact’ it would have on his family.

Matthews, who gave the court an address of Minster Court, Long Sutton, was on a night out with friends in Spalding when the incident occurred at 12.30am on January 21 last year.

The victim had crossed the road outside a bar to speak with a group, which included Matthews, prosecutor Kerry Close told Boston Magistrates’ Court on Wednesday (May 14).

“Mr Matthews stepped forward and started speaking to the victim. The victim was stood calmly with his hands in his pockets but he did move forward.

“Mr Matthews punches the man with his right hand to the left side of his face. He falls to the floor and appears to be unconscious.

“He hit his head and part of his body stiffens as if he’s having a seizure.”

The victim needed an operation after suffering a fractured skull and a bleed to the brain.

In defence, Mike Alexander told the court he had known Matthews for ‘more than 20 years’ and had ‘probably represented him in his first couple of offences’.

He painted a picture of someone who had put problems from his youth behind him to become a more ‘responsible’ family man who - on the night of the offence - was drinking for the first time in ‘three or four months’.

“He didn’t seek out any violence on this occasion,” Mr Alexander said, stating his client was acting in what he had believed to be self defence.

“He was approached and his conclusion about being approached was wrong. His conclusion was that he was going to be attacked, and that was plainly wrong.

“When he saw a police Facebook post (about the incident) he left work and took a train to Spalding to hand himself in.

“This is a clear demonstration of responsibility and remorse.

“It was one blow and a misunderstanding.”

Matthews, of Minster Court, pleaded guilty to causing grievous bodily harm without intent at a previous hearing.

Judge Church noted the victim was ‘considerably younger’ than Matthews and would be left with a ‘sizeable scar to the back of his head for the rest of his life’.

“You were millimetres off this having a different outcome,” he told Matthews.

“It only takes one punch for there to be grave consequences.

“It is by sheer good fortune for him (the victim) that things weren’t even worse for him.”

Matthews was handed an eight-month prison sentence suspended for two years.

“The reason I am not sending you to prison today is because of the serious impact this would have on the children you support,” Judge Church explained.

Matthews was also ordered to pay £1,000 in compensation plus a £187 victim surcharge and £85 costs at a rate of £100 per month.

He must also complete a community order including 25 rehabilitation days and wear an alcohol monitoring tag - which measures alcohol levels in his sweat - for 120 days.

“If you drink you’ll go to prison,” Judge Church added.

“I’m confident I won’t see you again.”

Matthews responded by saying ‘1,000%’ and telling the judge ‘I appreciate this’.

The location of the incident was not mentioned in court.