Suspended sentence for 'cowardly' attack in Banbury town centre

James Fallick, 20, kicked his victim so hard that a police officer who witnessed the attack feared the man might have been caused a serious injury. Another bystander, who saw the victim hit his head after being punched to the floor by another, thought he was dead.

Sentencing him to a year’s imprisonment suspended for two years, Judge Michael Gledhill QC said: “This was a cowardly, nasty attack.”

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Earlier, Oxford Crown Court heard how Fallick, then 19, was out drinking with friends in Banbury on October 3 last year when he ended up scrapping with another group of young men.

The clash was broken up by the police and the warring youngsters sent on their way.

However, on their way to the Venus nightclub to meet other pals, Fallick and his friends bumped into members of the other group again.

A member of the opposing group was said to have gone for Fallick, hitting him in the side of the head and breaking his spectacles.

A friend of the defendant’s ‘took it upon himself’ to step-in, striking the other man to the floor, defence advocate Gareth James said.

In retaliation for the earlier punch, Fallick then stepped up and kicked his prone victim as he lay on the floor. The judge said the defendant struck the victim's head 'as though it was a football'.

Fallick and his friends were on their way to the Venus nightclub, Oxford Crown Court heard Picture: GOOGLE

The victim, whose head was seen to rock back as a result of the kick, suffered a gash to his head from where he struck it on the ground, as well as bruising to his face.

Prosecutor Alice Aubrey-Fletcher said the victim told police in a statement that he did not know who attacked him and could not remember the incident. His first memory was coming round as he lay in the street.

Fallick was chased down by police officers patrolling Banbury town centre. He answered no comment to all questions put to him in interview.

Appearing before Oxford Magistrates’ Court in May, Fallick, of Main Street, Great Bourton, pleaded guilty to causing actual bodily harm. He was of previous good character.

Mitigating, Mr James said his client was remorseful, had a good job and a supportive family. He had never been in trouble before.

Imposing a 12 month suspended sentence, Judge Gledhill said: “There will be many people who think that is unduly lenient and that you – only 20 and of previous good character, which you’ve now lost – should go to prison immediately.”

Fallick must do 160 hours of unpaid work and pay £500 compensation to his victim.

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This story was written by Tom Seaward. He joined the team in 2021 as Oxfordshire's court and crime reporter.  

To get in touch with him email: Tom.Seaward@newsquest.co.uk

Follow him on Twitter: @t_seaward