A man who attacked a cyclist with learning difficulties because he thought he had taken a photo of his girlfriend has been spared jail.

Damion Davies chased after his victim, punched him to the ground put the boot in while he was down in front of horrified Saturday shoppers.

And as a result of the vicious assault the cyclist, who did not fight back, had to undergo surgery on a broken nose.

 But after hearing the 26-year-old attacker will become a father in December a judge suspended the sentence.

James Haskell, prosecuting, told Swindon Crown Court Davies was being driven to work by his girlfriend on Saturday, November 25, last year.

When they got to the Bridgemead car park of Sainsbury’s and Home Bargains he said they saw a cyclist in the same area.

As their car passed the bike, Mr Haskell said Davies thought the rider had been taking a photograph of his girlfriend and chased after him.
“As he confronted him, the incident that followed was observed by at least two witnesses who describe the defendant as the aggressor.

“The defendant is seen to deliver a number of punches to his face and at least one kick. The incident was relatively short. It seems that the girlfriend intervened.”

As a result of the attack the victim suffered bruising to his face as well as a fractured nose which needed an operation leaving him with a ‘permanent cosmetic defect’.

Davies, of Wavell Road, Pinehurst, pleaded guilty to actual bodily harm.
The court heard he had convictions for assault and a public order offence in 2012 as well as a caution for threatening behaviour and possessing a bladed article from 2011.

Richard Williams, defending, said his client was sorry for what he had done and would like to take part in restorative justice, should the victim consent.

After leaving his work after the incident he had been told he may be taken back on if he is not jailed, and had found another job in the interim.

He said he had tried to save up for compensation, amassing £190 so far, and would be able to borrow from his grandma.

Mr Williams said his client’s girlfriend is pregnant and due to give birth on December 2, which will be his first child.

Judge Jason Taylor QC imposed a two-year jail term suspended for 24 months saying. He told Davies to do 200 hours of unpaid work and pay £3,000 in compensation at £25 a week.