A SUDDEN attack, which left an innocent passer-by with a fractured jaw, was a case of mistaken identity.

Patrick Andrew Hall was a passenger in a car driven by his wife in Watling Road, Bishop Auckland, at 6pm, on June 9 last year.

Durham Crown Court heard she identified a passing pedestrian as the man responsible for stealing her mobile phone while she played with her daughter in a park a fortnight earlier.

Chris Wood, prosecuting, said Hall got out of the car and demanded to see the other man’s phone.

Dr Wood said the pedestrian, who did not know Hall, has learning difficulties and poor vision in one eye.

He refused to show Hall his phone, but as he turned to carry on walking along the road, with a companion, he was struck with three hard punches to the side of the face.

Hall then returned to the car and was driven away by his wife.

Dr Wood said due to the victim’s poor vision he did not see the punches coming and took no evasive action.

He underwent surgery under general anaesthetic for a fracture to the upper jaw, which was hanging loose.

The court heard he had to have a metal plate fitted and has become semi-reclusive since the attack, as he is fearful going out in public.

Dr Wood said police confirmed the phone was similar to the stolen mobile, but it was bought legitimately.

Hall attended a police station and made admissions to the attack, conceding he “saw red” at the suggestion the victim was the phone thief.

He told police: “It was completely my fault. I have obviously ‘lost it’. It’s all on me. It was completely out of character.. I feel terrible about it.”

Hall, 29, of Ullswater Crescent, Crook, admitted causing grievous bodily harm.

Stephen Hamill, mitigating, said although there were three blows it was a short-lived attack and Hall showed, “powerful remorse”, when he attended the police station.

Mr Hamill said the defendant has, of his own volition, sought help to address his anger management issues.

But, imposing a 20-month prison sentence, Judge Jonathan Carroll told Hall: “This man you attacked had done absolutely nothing wrong, whatsoever, when your wife came to the notion he was responsible for stealing her phone.

“Well, she was absolutely and utterly wrong about that.

“For such street violence, it’s inconceivable it’s anything other than an immediate custodial sentence.”

Hall was made subject of a ten-year restraining order preventing contacting or approaching the victim.