Chesterfield war veteran avoids jail over “nasty” assault at social event

Benjamin Elliott, 32, hit his victim during a “social event” in front of children while “sticking up for his brother” who started the fight, Derby Crown Court heard.

Elliott, who denied inflicting GBH, was convicted after a trial during which a jury heard he suffered “difficulties” after seeing “live action” during a tour in the Armed Forces.

Recorder Jason MacAdam, suspending an 18-month jail term for two years, told him: “You’ve served your country and have your own difficulties because of that.

"It's a card that you can play once – it does not give you a get-out-of-jail-free card to play whenever you wish. It will not help you again, you’ve used up that mitigation now.”

Prosecutor Paul Edwards told the court the Elliott played a “leading role" in the assault, which was a “group activity”, however Elliott’s role was “subservient” to his brother’s – who “started the trouble”.

Recorder MacAdam said: “It was your younger brother that started this. You should have been that much more mature and brought it to a stop, not escalated it.

"It’s a nasty injury but not the worst injury in the context of this sort of offending but you were in drink and this was a social event – maybe it’s drink that made the difference.

"There were children present and children are impressionable – you had a duty to be responsible and mature and set a good example and you did not.”

The judge told Elliott he had not been “looking for trouble”, adding: “You were no doubt intoxicated and you were in your home environment.

“What makes the difference here is you fought this man and that was stupid.”

He told Elliott, who the court heard had responsibility for six children, “anybody else would go to prison”.

Elliott, of Penncroft Drive, Danesmoor, was found guilty of inflicting GBH.

He was ordered to pay £2,000 compensation and a £149 victim surcharge and handed six rehabilitation activity days.