A VIOLENT pub goer who beat a man with a walking stick has avoided jail due to his ill health.

David Cumiskey, 59, from Raby Terrace, Darlington, pleaded guilty following the incident at the Darlington Flyer, in the town's Skinnergate. 

He admitted causing grievous bodily harm without intent. 

Teesside Crown Court heard the defendant had beaten the victim over the head with his walking stick during the incident, which happened on October 20 last year. 

The 59-year-old said that he was acting in "self-defence" and had gone over to the victim to have a discussion.

When staff pulled Cumiskey away, he remarked: “He had it coming", the court heard.

The victim received a cut to the head and bruising to the forearm. His glasses and jacket were also destroyed in the attack.

He was taken to the hospital and received medical treatment. The attack has left a physical scar on victim’s head, and he is suffering from post-concussive symptoms.

The incident took place on October 9, 2020, in the Darlington Flyer Pub.

Making a statement during the hearing, the victim said: “I was assaulted without any cause, completely unprovoked.

“Since then, he has shown no remorse for his actions and has been boasting.

“This has had a huge effect on me and my wife who I care for.”

Cumiskey had previous convictions, including a public order offence and intent to cause fear in 2012.

Sentencing, Judge Jonathan Carroll said: “This is disgraceful behaviour, the victim was sat in the pub peacefully as he is perfectly entitled to do, as are all members of the public.

“Being in a public house this could have escalated into something very serious causing more harm to the general public.

“From the CCTV footage, you march over to him with your walking stick in an intimidating manner and proceeded to beat him over the head with it.

“It has an ongoing effect, not only with a scar on his head but also the psychological damage.”

In mitigation, Teesside Crown Court heard a jail sentence would leave the defendant without accommodation and that he was suffering from ill-health.

Cumiskey was sentenced to 12 months in prison, suspended for two years. He will also be subject to a curfew from 8pm to 8am and is not allowed to have any contact with his victim.

He will also pay £350 in compensation over a ten-month period.