A DRUNKEN customer attacked a shop assistant who refused to allow him ‘tick’ to buy four cans of strong lager, a court heard.

Kristian Osbaldestin handed over change to pay for the Stella Artois, at the Premier Convenience Store, in Gilesgate Moor, Durham, on September 28.

Durham Crown Court was told there was a 75p shortfall, and the assistant refused him ‘tick’, at which he became agitated.

The Northern Echo: REGULAR: Defendant Kristian Osbaldestin was known to shop staff as a regular customer

REGULAR: Defendant Kristian Osbaldestin was known to shop staff as a regular customer

Richard Bennett, prosecuting, said even though another customer offered to pay the 75p, Osbaldestin had, by then, lost his temper with the assistant, and used derogatory racist language at the Asian man.

“He said he was a gypsy, which implied that he was not a man to be messed with.

“The assistant, in trying to calm him, used the word ‘brother’, but it only seemed to make matters worse.”

As Osbaldestin appeared to be about to leave the premises, in Marshall Terrace, he turned and uttered a further tirade, leaning over the counter and threatening the assistant, showing him a tattoo of a gun on his chest.

Mr Bennett said the shop worker, fearing the incident was escalating, grabbed a metal pole, usually used to pull down the shutters at the premises, but as Osbaldestin showed no sign of backing off, he swung it in his direction and lost grip.

Osbaldestin grabbed the pole which he waved around before striking the assistant a single blow on the forehead.

Mr Bennett said the shop worker posed no threat and there was, “no justification” for the defendant’s actions.

The victim went to hospital where he received six suchure-type stitches for a 4cm cut to his forehead, which has left what is expected to be a premanent scar.

Osbaldestin, 34, of Moor Crescent, Gilesgate Moor, admitted unlawful wounding.

The court heard he has several previous convictions for drunken violence and the offence put him in breach of a conditional discharge imposed by magistrates only four weeks earlier.

Tony Davis, in mitigation, told the court: “There can be little doubt that this incident was unpleasant and he accepts his behaviour was disgraceful.

“He lives in the area and visits the shop on a daily basis, but has never had any problems before.

“Indeed, he considers the victim a ‘friend’ and that’s why he asked him for ‘tick’.”

Mr Davis said the defendant was already under the influence of alcohol when he went to the shop, but he did not go armed and his actions were, “borne out of frustration” at the argument.

He added that Osbaldestin also took exception to the innocent term ‘brother’ used by the assistant as he had lost his own sibling, “in tragic circumstances”.

Jailing him for two-and-a-half years, Deputy Circuit Judge Paul Worsley QC said shop workers, providing a public service, deserve the protection of the courts.