A dad has told how his son was declared brain dead after being punched during a night out - but miraculously regained consciousness just as plans were being made to let him die and for his organs to be donated.
Despite his recovery, however, victim James Howard-Jones, 28, remains severely handicapped, both mentally and physically, and will need care for the rest of his life, Gloucester Crown Court heard.
There was not a dry eye in the courtroom as Judge Martin Picton was told of the devastating impact the assault has had on James, his family and his friends.
In the dock was his assailant, Ben Davies, who admitted inflicting grievous bodily harm on James, without intent, and was jailed for two years and four months.
Judge Martin Picton told 24-year-old Davies from Cheltenham: "You've destroyed the life and hopes of Mr Howard-Jones - a young man in the prime of life with everything to live for.
"At the same time, you broke the hearts of his family and friends. The damage you have caused is devastating and lifelong for all those affected by your criminal act."
Life changed for Mr Howard-Jones and his family on April 24 last year when he was punched by Davies in a Cheltenham street during a night out, the court was told.
The assault took place after James and his companions had been to a bar to watch the televised boxing match that night between Tyson Fury and Dillian Whyte - which Fury won with a sixth-round knockout.
On being struck by Davies in the street later that night, James fell back and hit his head, suffering the life-changing injury which almost killed him, said prosecutor Jack Berry.
"James had been out with his girlfriend Amelia Boskett Williams and a friend, Tom Downs, on April 23 and they had watched the Tyson Fury V Dillian Whyte fight in a bar before heading to the Topworld club in the town," Mr Berry said.
"As they left the venue at around 1am, Mr Howard-Jones saw Davies with his friends and a heated fracas ensued, which was broken up by security staff from the MooMoo Clubroom. Both parties left in different directions.
"Five minutes later Davies crossed paths with Mr Howard-Jones in Regent Street and another verbal exchange took place, during which Davies delivered a single punch to his victim, who fell immediately to the ground and was knocked unconscious.
"Mr Howard-Jones was taken to hospital where he remained unconscious for several weeks, during which time he had to undergo several emergency operations."
While James' family were considering a request to harvest his organs for transplantation, he regained consciousness, the prosecutor said. However, his condition had left him physically and mentally disabled.
From being a fit and healthy young athlete capable of competing in a 100km race, James had become someone who will require care for the rest of his life, said Mr Berry.
"James is now permanently handicapped in virtually every aspect of his life," he said. "He has insight into his condition - he knows and can appreciate all that he has lost and is understandably subject to severe depression as a consequence."
Judge Picton told Davies: "You will serve your sentence and be released. Mr Howard-Jones will never be released from what you have done to him and neither will those who love him.
"The victim personal statement provided by James's father is one of the saddest I have ever known."
The judge went on to say: "I am conscious that the sentence that I am passing doesn't begin to properly reflect the terrible harm that you have done. No sentence could do so. I am, however, constrained by the maximum penalty guidelines.
"I would like to express my personal sympathy to James and his family and those who care for him. They all now have a terrible and lifelong burden to bear.
"What happened in this case should be a lesson for others about the terrible consequences that can result from the use of violence, which is sadly seen all too frequently when young people are out trying to enjoy themselves at night."
James' father had earlier told the judge: "As a result of what happened to James, I need to be his voice so the court can understand the impact this has had on him and our family and close friends.
"Within the first couple of weeks we were told by the doctors treating James that he was brain dead and the kindest thing we could do was to let him die. I was asked questions that no parent should ever be asked, such as letting his organs be harvested. We agreed that this should be done and arrangements were being made for transplantation donation.
"We agreed that this should be delayed for a week so that family and friends could say their goodbyes to James. The stress of this was enormous.
"Incredibly, despite what the experts had told us, James went on to regain consciousness. Initially he was only able to give eye contact and was unable to move or speak.
"Slowly James' condition improved to a point where he could be moved to a rehabilitation centre. However, he was to return to hospital on several occasions due to a number of seizures. We didn't know if he would survive or not.
"At present he needs help in getting out of bed to just go to the toilet. He can use a wheelchair, which he can only use for a number of hours each day due to his fatigue.
"We are under no illusion James' brain damage is long-term and will require a level of caring for the rest of his life."
He went on to say that James' condition has had a significant impact on his family and friends and that his mobility is very limited because of his exhaustion. He is using parallel bars to aid his strength and to begin walking again.
The dad, who is fundraising for his son's care, concluded: "All in all the future for my son is looking pretty bleak."
The court heard that Davies was arrested on May 8 2022 and his mobile phone was seized. It was examined and it was discovered that it contained several internet searches and exchange of messages as Davies tried to establish what sort of trouble he was in.
Nick Murphy, defending, said: "The decision made by my client to punch Mr Howard-Jones has had a profound effect on him. He wishes through me to apologise for his actions that evening inasmuch as it that is worth anything.
"He understands that nothing said on his behalf will undo the damage which he has caused and the impact his single punch has had on his victim.
"However, I submit that having pleaded guilty at the earliest opportunity and taking into account his family background he is suitable for a suspended sentence order."
Judge Picton interjected: "I'm afraid that an immediate custodial sentence is the only option in this case. Davies has already admitted to probation that he deserves to lose his liberty, which will be the eventual outcome of this hearing."
Mr Murphy added: "Davies' actions were completely out of character and he now has to live with the consequences. He himself had a difficult upbringing and to his credit he has not offended until now."
Judge Picton told Davies: "You delivered a hard punch that was wholly unnecessary. Nothing that had happened earlier, or was happening at the moment you struck your victim, justifies or even explains what for you was a wholly out-of-character reaction to an inconsequential exchange of words in the street.
"The punch you delivered sent James flying backwards and to the ground. The blow he received to the back of his head as a consequence very nearly ended his life. The decision had been made to switch off the life support system just prior to him regaining consciousness. But the life he has now has is but a shadow of what it once was - both mentally and physically.
"Whilst I accept that you are genuinely remorseful, the messages you sent to your friends in the immediate aftermath of this crime do you no credit at all and I consider those to be an aggravating factor in this case.
"I have concluded that the level of harm here is so severe that a sentence outside of the guidelines is both justified and required. In addition, there is the factor of the messages that you sent whereby you were seeking to avoid being held responsible for the harm that you caused.
"I have taken into account your difficult childhood experiences and the actual and genuine remorse that you now feel. I have also read the letter that you have written demonstrating the appreciation you now have as to the impact of your actions.
"Even if the sentence I pass could be of a length whereby it might be suspended, I would not do so. This is a case which clearly requires the imposition of immediate custody."
