A man kicked his neighbour in the head after he was confronted about firing fireworks at people's homes on New Year's Eve. Niall Fisher, 24, was celebrating with his girlfriend by letting off fireworks with ‘irresponsibility’, a judge said.
Two neighbours were out in their gardens with their children letting the New Year in, when a firework narrowly avoided hitting the victim’s daughter. They became aware of other fireworks hitting walls on neighbouring houses and ‘exploding’.
The two men, including the victim, went in search of those responsible with the intention of asking them to stop when they came across Fisher and his partner.
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Following a ‘robust’ confrontation, a scuffle ensued which resulted in Fisher kicking the victim twice in the head. He was left with brutal facial injuries which left his five-year-old terrified of him.
Fisher, of Eccles, has since pleaded guilty to section 20 wounding. Today (February 20), at Manchester Crown Court, he was handed a suspended sentence.
Prosecuting, Patrick Williamson said that on December 31 2020, residents around Eccles were celebrating the New Year festivities. By midnight they had come out into their gardens as fireworks were let off, but concern was raised after one nearly hit the victim’s child.
“Another neighbour was nearly hit and more fireworks were being let off down the street,” Mr Williamson said.
“The victim and another neighbour went up the street towards where the fireworks had been set off with the intention to ask them to stop. As they were walking down, one firework was set off and as it hit a house wall, it exploded.”
The men made it to the house and there was a confrontation, during which the victim grabbed hold of Fisher by the arm. He responded by punching him and a fight ensued.
Fisher’s girlfriend tried to intervene, but the scuffle continued, resulting in him kicking the victim to the side of the face. The man tried to get up but Fisher kicked him again in the face and caused him to fall back on the floor.
“He was shouting at the defendant to stop and it appears the assault did stop,” Mr Williamson continued.
The victim suffered a number of injuries including a fractured eye socket, fractured nose and two fractures to the side of the face. Fisher was arrested and interviewed, during which he admitted letting off the fireworks at too low a trajectory, but said he didn’t intend on letting them explode like they did, and if he knew there were children around, he would not have risked setting them off.
In a basis of plea, he said he was grabbed by one of the men and responded in self defence, before the other one pulled him by the coat out of his garden and punched him. He admitted he went ‘too far’ in his violent response.
In a victim personal statement read to the court, the man said: “New Years Eve 2021 has never been forgotten, it caused so much pain and distress. I was unable to work for three months. I had to move out and live at my parents house because my little girl was scared of me because of my facial injuries. It broke my heart.”
He added that he suffers from anxiety around groups of people, even two years on. He said he also has breathing problems because of his injuries.
Fisher was said to have one previous conviction dating back to 2015 when he was a youth.
Defending, Brendan O’Leary said his client was acting in self defence, and referenced his basis of plea, which was accepted by the prosecution, that stated the two men came to his house and assaulted him first.
“That is against the background of his irresponsible use of fireworks,” Judge Alan Conrad KC responded.
“Irresponsible, absolutely. He said he accepts responsibility for that. It was reckless,” Mr O’Leary replied. “Did it deserve two people coming to assault him? In my submission, no.”
He said Fisher was left with cuts and bruises to his face, knee and hand, and added that he was of low risk of reoffending and that the offence was out of character.
Sentencing, Judge Conrad said: “Two years on from this attack and your victim still suffers the consequences. This was an unpleasant incident triggered by your irresponsible use of fireworks. If it hadn’t been for your use of fireworks so irresponsibly, they would not have come to you.”
Fisher, of Portland Road, Eccles, was handed 12 months imprisonment which was suspended for 18 months, along with 200 hours of unpaid work. He must also pay the victim £2,000 compensation.
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