A killer whose victim died more than 18 months after he was assaulted was jailed for three years today thanks to dramatic changes in the law.

Father of two Keith Stephenson, 21, was spared jail in October 2002 when he pleaded guilty to grievous bodily harm after hitting Charles Ratcliffe, 38, across the head with a length of wood.

At the time of the original sentencing hearing at Newcastle Crown Court, prosecutors were unaware Mr Ratcliffe, who suffered a fractured skull and blood clot on the brain in the attack, had developed epilepsy as a result of his injuries.

Mr Ratcliffe died during a fit and was found dead in bed on February 11 last year.

Because of recent reforms in the law, which scrapped the "double jeopardy rule", police were able to re-open the case and charge Stephenson with manslaughter.

Until recently defendants could not be charged with the same crime twice which would have resulted in Stephenson escaping any charge in relation to the death.

Stephenson could have also escaped justice under the "year and a day rule", which prevented attackers being charged with a killing if the death occurred more than a year and a day after the offence.

But the rule was scrapped in 1996 due to advances in medical intervention which mean victims could survive for years in a coma.

Stephenson, of Whinbrook, Leam Lane Estate, Gateshead, pleaded guilty to manslaughter at an earlier hearing.

The court heard yesterday how Stephenson lashed out after Mr Ratcliffe groped his girlfriend as they walked through Bill Quay Park in South Tyneside.

Prosecutor Robert Woodcock told the court how Mr Ratcliffe had been drinking in Gateshead bars with a pal on the day of the attack.

They then purchased cans of lager and were drinking on a bridge in the park when Stephenson and his pregnant girlfriend walked past. But the court heard how as they strolled by Mr Ratcliffe touched Stephenson's 17-year-old girlfriend on the bottom.

Mr Woodcock said: "As they walked across the bridge past the victim Mr Ratcliffe touched the defendant's girlfriend on the bottom.

"That led to a brief exchange of words between the defendant and Mr Ratcliffe and the prosecution accept Mr Ratcliffe swung a punch at the defendant."

The court heard how Stephenson and his girlfriend, who was distressed and shaken by this stage, ran from the park where Stephenson stumbled across a 2ft plank of wood in a yard.

Mr Woodcock added: "His girlfriend told him to leave it but he ran into the park and on reaching Mr Ratcliffe he swung this piece of wood once and hit Mr Ratcliffe on the head causing him to fall unconscious on the ground."

Stephenson then fled the scene again and Mr Ratcliffe lay unconscious for 10 minutes before going straight home to bed.

Mr Ratcfliffe went to hospital the following day where he was given a brain scan and a blood clot was found on his brain which required surgery.

After being discharged from hospital Mr Ratcliffe suffered headaches and dizziness but it was thought he had made a good recovery.

After his original arrest Stephenson immediately admitted his guilt and expressed remorse.

He was charged with causing grievous bodily harm with intent but this was dropped after he entered a guilty plea to the lesser charge of causing grievous bodily harm.

Judge John Milford sentenced him to a community punishment order for 100 hours and a community rehabilitation order for two years. Stephenson was also ordered to pay £2,000 compensation to Mr Ratcliffe.

The judge said yesterday; "He was sentenced on the basis the victim had made a good recovery."

All orders were carried out completely and successfully.

Meanwhile, Mr Ratcliffe had been diagnosed with post traumatic epilepsy and was prescribed with anti-convulsant drugs.

The court heard how he suffered many seizures and was usually aware when a fit was about to happen which is what happened on the day of his death in February 2004.

Mr Woodcock said: "The deceased was at home with a friend and his father and reported the onset of a fit. "He went to lie down and his father witnessed the fit.

"Later when his father went to check he was blue and seemed not to be breathing.

"Attempts by paramedics to revive him were unsuccessful and he was pronounced dead soon after arrival at hospital."

Stephenson was arrested on suspicion of murder and eventually charged with manslaughter, to which he pleaded guilty.

Defence barrister Paul Sloan QC told the court how Stephenson has had an unhappy background but is now working and the father of two young children.

Mr Sloan said the attack was an "impulsive and ill considered reaction" for which Stephenson has already been punished by the courts.

Mr Sloan told the court how medical reports indicate Mr Ratcliffe was not taking his medication as directed which could have helped control his condition.

Mr Sloan added: "He has an overwhelming sense of guilty, of regret, of remorse."

Neither prosecution nor defence barristers were able to refer to past authorities to help Judge Milford decide the appropriate sentencing guidelines in such a unique case.

Judge Milford rejected Mr Sloan's submission that Stephenson should receive a suspended sentence.

The judge told Stephenson: "You used a weapon, you failed to heed your girlfriend's entreaties you should not return to the park and when the victim's provocative conduct was no longer provoking you struck him on the head a blow with such force you fractured his skull.

"I'm satisfied that this offence is so serious no sentence other than a custodial sentence can be justified.

"I've listened with greatest care to the submissions made that exceptional circumstances justify its suspension but I'm not satisfied that is the case. A life here has been lost."

Speaking after the hearing Detective Sergeant Geoffrey Forsyth said; "This case is so unusual because he has been tried for exactly the same circumstances twice.

"The only difference in both cases is that this time Mr Ratcliffe has tragically died.

"If the year and a day rule and the double jeopardy laws had not been scrapped this could never have come back to court.

"We had to seek permission from the Attorney General to re-open the case and bring it back to court, it is such a unique set of circumstances."