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Brothers spared jail for unprovoked attack
12:00pm Thursday 25th October 2012 in News
BROTHERS who launched an unprovoked attack on a pensioner have escaped a jail sentence.
Nicholas Austin, 25, and Robert Austin, 24, were convicted of punching and kicking retired Danny Kimble while walking on Walton seafront last December.
Colchester Magistrates’ Court heard the brothers had hit out after Mr Kimble’s dog approached theirs.
The dogs got into a growling match and Mr Kimble’s pet was taken away by his partner.
Ian Allen, prosecuting, said: “Robert took exception to Mr Kimble’s dog’s actions and was abusive to Mr Kimble and his partner.
“He was joined by Nicholas, and Robert punched Mr Kimble once to the face causing him to fall over.
“Nicholas then kicked him to the back of the head while he was on the ground.”
A third brother, Matthew Austin, 27, then “squared up” to the officers.
Nicholas and Robert were convicted of assaulting by beating and Matthew was convicted of abusing a police officer following a trial.
They had all denied the charges.
The court heard the three brothers suffered from learning difficulties.
All three, of Kino Road, Walton, were told they could have been sent to prison for the attack, on December 1 last year.
Magistrates said: “These were serious matters.
“You have shown no evidence of any remorse.”
Nicholas and Robert were sentenced to 240 hours of unpaid work and ordered to pay £100 compensation each to Mr Kimble.
Matthew was sentenced to 150 hours of unpaid work.
They were ordered to pay £150 costs each.