The family of attack victim Donald Smith, believed to have killed himself two days before coming face-to-face with his attacker in court, told today of their relief after James Moore was jailed for three and a half years.

Moore, 24, of Albert Street, Jericho, was sent to prison after a Crown Court judge told him he had used "despicable violence" when kicking victim Mr Smith, of Moorbank, Blackbird Leys, in the head.

The 58-year-old was found unconscious in the street following the attack and was kept in intensive care for a day. Although he recovered, his body was found in the River Thames, half-a-mile south of Sandford Lock, seven months later amid claims from his family that he had been terrified about giving evidence at his attacker's trial.

Although Recorder Conrad Seagroatt, QC, stressed that Mr Smith's death had no bearing on Moore's sentence, his victim's family said justice had been done.

Kathleen Plowman, one of Mr Smith's sisters, said: "We are pleased he has gone to prison. My brother is not here to defend himself and now he can rest in peace. "We don't want to hold any malice but the sentence is just."

Moore, who had been found guilty of causing grievous bodily harm by a jury last month, showed no emotion as he was led from the dock at Oxford Crown Court yesterday.

However, there was an angry outburst from a member of his family who shouted abuse at Mrs Plowman before court staff stepped in.

The attack had happened in September last year in Nelson Street, Oxford. The court heard that Moore had come out of a house and attacked the divorced dad-of-four, who was drunk at the time, kicking him in the head before leaving him lying in the street.

Mr Smith suffered serious head injuries, a broken jaw and cheekbone as a result.

Recorder Seagroatt told the defendant: "The fact this man tragically lost his life has absolutely no influence on my decision whatsoever. I judge on the basis of what you did.

"It doesn't matter that he may have been shouting in a drunken state and he may have been mouthing obscenities. You could have stayed where you were and not gone out at all, but you confronted him."

He added that Moore should consider himself fortunate that someone else went to Mr Smith's aid so soon after the attack, otherwise he could have died from his injuries.

He said: "Had he died, you would have been facing a murder charge."

Recorder Seagroatt added: "Anyone who uses a boot or a shoe or foot to kick a person to the head even once, and you did it more than once, is putting that person's life at risk." Moore had denied causing grievous bodily harm, claiming he only responded in self-defence after being attacked first by Mr Smith.

Story date: Saturday 04 September

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