A teenager of previous good character has received his first custodial sentence for kicking a man in the head three times as he was prone on the ground.

Durham Crown Court heard the victim’s partner recalled the “jolt” as each kick knocked the defenceless man's head back.

Defendant Kane Dunstone carried out the attack after trying to sell the couple drugs, in a pizza shop in Claypath, Durham, after a night out in the early hours of February 12 this year.

Rebecca Brown, prosecuting, said as the pair waited for their food, Dunstone approached them and asked if they wanted to buy a plastic bag filled with white powder.

Read more: Drinker jailed for glass attacks at County Durham club

They refused his offer and Dunstone commented: “Are you sure? You look bored.”

The female commented to her partner, “how embarrassing”, which appeared to anger Dunstone, who became aggressive and said he would “smack” her partner.

He then punched him to the left side of the face, causing him to stagger to the floor.

Miss Brown said Dunstone ran from the premises, followed by the victim, who he punched again, causing him to go to the ground.

As he lay on his back he was kicked to the head three times by the defendant.

The victim’s partner said she believed he appeared to be unconscious either after the fall to the ground or the first kick and made no effort to defend himself.

She described the “jolt” on her partner’s head at each impact.

Dunstone ran from the scene but was approached and arrested by police a short time later.

He admitted striking the victim with the back of his hand and kicking him, claiming he meant to strike him in the body, but “missed”.

Miss Brown said the victim suffered swellings and bruising to the head and was left feeling sick with the effects of concussion.

Months after the attack he still reports suffering sickness and dizziness.

Dunstone, who was 18 at the time, now aged 19, of Johnson Estate, Wheatley Hill, admitted attempting to cause grievous bodily harm and common assault.

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Robin Turton, in mitigation, provided character references for the court, and family letters, including one from the defendant, himself.

“He’s desperately apologetic and ashamed of his actions.

“He’s thinking of his victim of this assault.

“He was candid about what took place.”

Mr Turton said following the confrontation inside the pizza shop, the defendant explained that, “the adrenaline took over” when the incident moved outside.

“He’s not a bad lad and, as he said, the adrenaline took over. It was all over very quickly.

“When shown the cctv he had his head in his hands and looked shocked at what he saw.

“He was genuinely embarrassed about how he behaved.”

Mr Turton added that it was an “impulsive” reaction and, “out of character.”

Despite defence pleas to pass a suspended sentence, Judge Jo Kidd said while she accepted that it was out of character for the defendant, he could have caused the victim, “serious harm, or even a fatal injury”.

“The witness recalls hearing sickening thuds as you kicked an unconscious man on the ground.”

Imposing a 20-month prison sentence, Judge Kidd added that it was, “with regret” that she could not suspend it, in the circumstances.

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