A thug dressed as the sugar plum fairy has been jailed after launching a brutal Halloween street attack.
Alan Banks, 27, assaulted Robbie Kingsford - leaving him with severe facial injuries - as they walked home from separate Halloween parties .
Banks was jailed for 18 months at Kingston Crown Court today for the incident on in Surbiton on November 1, 2014, Get Surrey reports.
Mr Kingsford said the attack resulted in him losing his job, his friends, his boyfriend and his confidence.
Banks, of Kinross Avenue in Worcester Park, last month pleaded guilty to a charge of actual bodily harm (ABH) after the Crown accepted it was not a homophobic attack - something which was said to have been misunderstood during the incident.
Banks and his friends came across Robbie and his boyfriend at around 1.30am on November 1 near KFC in Brighton Road as they all walked home from various Halloween parties in fancy dress, with the defendant wearing a pink tutu, black tights and ballet pumps.
However, one of Banks' friends asked Mr Kingsford and his friend for a cigarette using a turn of phrase containing a homphobic slur, which they interpreted as homophobic abuse and reacted as such.
Banks' defence counsel, Donal Lawler, described the resultant attack as a "tragedy of misunderstandings".
“Mr Banks took this to be a request for a cigarette," said Mr Lawler. "He did not take this to be a homophobic comment. Mr Banks had no views on the sexual orientation of the two men.”
According to Mr Lawler, however, Mr Kingsford thought Banks was throwing a punch and reacted by pushing back a shield he was carrying.
Banks punched back, "unaware" of the reason for the hostility - but his actions, the court heard, became "utterly unacceptable" when he threw Robbie to the floor and kicked him in the face.
Prosecuting, Stephen Apted said: “One of the witnesses described this as stamping on the victim’s face - twice she saw. She described feeling shock at the amount of violence that was used.”
Mr Lawler acknowledged Banks, at that point, had "clearly has gone beyond any necessary self-defence".
“He accepts it was unacceptable behaviour and it is at that point he is acting out of temper and nothing else,” added Mr Lawler. “He should have stopped, he should have walked away.”
The violence lasted around 10 to 12 seconds with Banks claiming he was "mortified and ashamed" by what he did.
According to Mr Lawler, Banks was clearly "not a man looking for trouble" when he was seen dancing in the street earlier in the evening like "the sugar plum fairy", sprinkling fairy dust at people while wearing his fancy dress.
He added: “It was an evening of high spirits, not an evening where he was out looking for trouble.”
Robbie’s facial injuries included severe bruising and swelling, a large cut above the left eyebrow which was glued shut, and tenderness to the left cheek.
Mr Apted said: “There was an intention, I would submit, to cause more serious harm than actually resulted. It’s perhaps fortunate Mr Kingsford received the injuries he did rather than anything more serious.”
However, in a statement, Mr Kingsford said although his injuries only lasted a few months, he was affected emotionally for much longer.
“It caused me to lose the life I had,” he said. “I lost my job, my friends, my boyfriend and my sense of confidence and freedom.”
After the attack, Mr Kingsford said he began to suffer depression and experienced anxiety attacks when he went out in public.
“I no longer felt safe going out my front door,” he said, adding he was scared of encountering Banks or someone else who would attack him.
He therefore had to leave his job and grew apart from his friends as he could not go out and socialise with them.
Mr Kingsford, who has now started working again, added: “I am resolute at some point in the future, I would again become the sociable, outgoing person I once was.”
In his statement, he also thanked those who stopped to help him. “It is because of them I know good people do exist,” he said.
Robbie also had forgiving words for Banks, who according to his barrister was "visibly moved" and in turn wished to express his "sincere apologies" for what happened.
The victim’s statement continued: “I hold no ill will against my attacker. However, I do want him to realise the consequences his actions had on me and the lack of freedom I now have because of his attack.”
Banks has eight previous convictions for a total of 12 offences.
However, his defence, Mr Lawler, said he was drug-free, working hard, living with his girlfriend and has practically given up drinking, which he described as "the final piece of the jigsaw that needs to be addressed".
Nevertheless, he was sentenced to 18 months’ imprisonment, of which he will serve half, and was ordered to pay a victim surcharge of £100.
Alan Banks, 27, assaulted Robbie Kingsford - leaving him with severe facial injuries - as they walked home from separate Halloween parties .
Banks was jailed for 18 months at Kingston Crown Court today for the incident on in Surbiton on November 1, 2014, Get Surrey reports.
Mr Kingsford said the attack resulted in him losing his job, his friends, his boyfriend and his confidence.
Banks, of Kinross Avenue in Worcester Park, last month pleaded guilty to a charge of actual bodily harm (ABH) after the Crown accepted it was not a homophobic attack - something which was said to have been misunderstood during the incident.
Banks and his friends came across Robbie and his boyfriend at around 1.30am on November 1 near KFC in Brighton Road as they all walked home from various Halloween parties in fancy dress, with the defendant wearing a pink tutu, black tights and ballet pumps.
However, one of Banks' friends asked Mr Kingsford and his friend for a cigarette using a turn of phrase containing a homphobic slur, which they interpreted as homophobic abuse and reacted as such.
Banks' defence counsel, Donal Lawler, described the resultant attack as a "tragedy of misunderstandings".
“Mr Banks took this to be a request for a cigarette," said Mr Lawler. "He did not take this to be a homophobic comment. Mr Banks had no views on the sexual orientation of the two men.”
According to Mr Lawler, however, Mr Kingsford thought Banks was throwing a punch and reacted by pushing back a shield he was carrying.
Banks punched back, "unaware" of the reason for the hostility - but his actions, the court heard, became "utterly unacceptable" when he threw Robbie to the floor and kicked him in the face.
Prosecuting, Stephen Apted said: “One of the witnesses described this as stamping on the victim’s face - twice she saw. She described feeling shock at the amount of violence that was used.”
Mr Lawler acknowledged Banks, at that point, had "clearly has gone beyond any necessary self-defence".
“He accepts it was unacceptable behaviour and it is at that point he is acting out of temper and nothing else,” added Mr Lawler. “He should have stopped, he should have walked away.”
The violence lasted around 10 to 12 seconds with Banks claiming he was "mortified and ashamed" by what he did.
According to Mr Lawler, Banks was clearly "not a man looking for trouble" when he was seen dancing in the street earlier in the evening like "the sugar plum fairy", sprinkling fairy dust at people while wearing his fancy dress.
He added: “It was an evening of high spirits, not an evening where he was out looking for trouble.”
Robbie’s facial injuries included severe bruising and swelling, a large cut above the left eyebrow which was glued shut, and tenderness to the left cheek.
Mr Apted said: “There was an intention, I would submit, to cause more serious harm than actually resulted. It’s perhaps fortunate Mr Kingsford received the injuries he did rather than anything more serious.”
However, in a statement, Mr Kingsford said although his injuries only lasted a few months, he was affected emotionally for much longer.
“It caused me to lose the life I had,” he said. “I lost my job, my friends, my boyfriend and my sense of confidence and freedom.”
After the attack, Mr Kingsford said he began to suffer depression and experienced anxiety attacks when he went out in public.
“I no longer felt safe going out my front door,” he said, adding he was scared of encountering Banks or someone else who would attack him.
He therefore had to leave his job and grew apart from his friends as he could not go out and socialise with them.
Mr Kingsford, who has now started working again, added: “I am resolute at some point in the future, I would again become the sociable, outgoing person I once was.”
In his statement, he also thanked those who stopped to help him. “It is because of them I know good people do exist,” he said.
Robbie also had forgiving words for Banks, who according to his barrister was "visibly moved" and in turn wished to express his "sincere apologies" for what happened.
The victim’s statement continued: “I hold no ill will against my attacker. However, I do want him to realise the consequences his actions had on me and the lack of freedom I now have because of his attack.”
Banks has eight previous convictions for a total of 12 offences.
However, his defence, Mr Lawler, said he was drug-free, working hard, living with his girlfriend and has practically given up drinking, which he described as "the final piece of the jigsaw that needs to be addressed".
Nevertheless, he was sentenced to 18 months’ imprisonment, of which he will serve half, and was ordered to pay a victim surcharge of £100.
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