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Brawler pays dental costs
7:40pm Wednesday 18th September 2013 in News
A DRUNKEN reveller was left without four front teeth after he was brutally assaulted in a Christmas Eve incident.
Kyle Rigley kicked his victim in the face, “like he was kicking a football” as he was getting up from the ground having been decked by a punch in the fray.
But a judge has decided not to jail the 20-year-old and instead ordered him to cough up £8,000 so his victim can have dental implants to repair the damage.
Tessa Hingston, prosecuting, told Swindon Crown Court Jack Kimber was out with friends on the night of Sunday December 23 into the following morning.
Having been in the Lava Lounge and Bushwackers, they left to get some food at about 2am when they came across another group of youths in the street.
She said there were conflicting accounts of what happened with each suggesting the other started shouting abuse at them, including racist insults.
Miss Hingston said fighting then broke out and Rigley, who was very drunk, admitted swinging a number of punches.
“He said ‘One male I hit fell to the floor, as he got up I kicked him to the face’,” she said.
“There is no suggestion Mr Kimber was responsible for any verbal abuse let alone racist abuse.”
When he was questioned he told the police he initially was scared and thought he was under attack and swung a number of punches before lashing out with his foot.
She said Mr Kimber had no recollection of events after leaving the club before coming to and realising he was injured.
He was taken to hospital where it was found three of his middle lower teeth had been pushed backwards at an angle of 45 degrees.
It was found that four of the teeth had to be extracted.
As a result he has been fitted with dentures, which were funded by the NHS, but his dentist has recommended implants which would cost £8,000.
Rigley, of Wheeler Avenue, Upper Stratton, pleaded guilty to actual bodily harm and affray.
Rob Ross, defending, said: “He is a young man who has reached 20 years of age without getting into any sort of trouble at all.
“It is fair to say this was out of character as there has been nothing before or since, and it was nine months ago. He has a good work ethic.
“There was some minor provocation but there is no pre-meditation. It was very much on the spur of the moment when they are in the street.”
He said he was surprised that the other two people in his group were not in the dock as they appeared to be as culpable as him.
Recorder Jonathan Fuller QC said: “Your counsel is quite right that only a custodial sentence is the proper sentence.
“This was a group fight at night in a public place and you used a shod foot to kick him in the head, it was an unforgivable thing to do.
“The thing that impresses me is firstly you are a young man who has never been in trouble before.
“You are spoken of highly by your employer who has taken the time to come to court, also by the time you came to interview, the second time, you made a clean breast of what you had done."
He imposed a 12-month jail term suspended for two years with supervision for a year and three month curfew from 7pm to 6am.
The judge also gave him two years to pay £8,000 compensation to the victim to fund the tooth implants.