Leamington man was headbutted, punched and kicked after complaining about his young neighbour hosting a get-together in breach of strict coronavirus lockdown regulations

A Leamington man was headbutted, punched and kicked after complaining about his young neighbour hosting a get-together in breach of strict coronavirus lockdown regulations.

But despite his injuries leaving painter and decorator Keith Ebanks unable to work, his two vicious attackers escaped being jailed when they appeared at Warwick Crown Court.

Oliver Crabtree and Jordan Band had both pleaded guilty to inflicting grievous bodily harm – and their pleas of not guilty to doing so with intent were accepted by the prosecution.

They were both sentenced to two years in prison suspended for two years and ordered to do 300 hours of unpaid work each and to take part in rehabilitation activities.

In addition, Crabtree (22) of Bath Street, Leamington, was ordered to pay £1,500 in compensation to Mr Ebanks, with Band (21) of Baker Drive, Wellesbourne, ordered to pay him £1,000.

Prosecutor Jamie Scott said that Crabtree and Mr Ebanks had been neighbours in a block of flats in Charlotte Street, Leamington, during the first strict coronavirus lockdown in 2020.

At 7pm on April 18, in the middle of the lockdown, Mr Ebanks heard multiple voices coming from Crabtree’s flat, where he lived alone, and it was plain he had a number of visitors.

“That was in contravention of the regulations at that time, and he went to the flat to complain,” said Mr Scott.

But Crabtree’s response was simply to shut the door on him and continue with his unlawful get-together.

Mr Ebanks then left the block for a short while to do some shopping, and another of his neighbours saw that Crabtree also left and returned a short while later with Band.

The two of them then waited outside to confront Mr Ebanks on his return to the flats, with Band blocking the doorway and refusing to move to let him in.

Mr Ebanks tried to shove Band out of the way, at which he was grabbed from behind by Crabtree – and as he turned round he was headbutted in the face, causing a cut above his right eye.

In an incident filmed by a witness on his phone, the two of them grappled with each-other, during which Crabtree’s top was pulled off as they fell to the floor.

Crabtree began repeatedly punching Mr Ebanks to the head, while Band joined in by kicking him to the body in what a witness described as ‘a cowardly way.’

Mr Ebanks was then held in a headlock by Crabtree and, unable to breathe, bit his arm to get him to release his grip.

“A neighbour called out that they should stop or the police were going to be called. They did stop, but not before Crabtree kicked Mr Ebanks to the head,” said Mr Scott.

As his attackers made off, Mr Ebanks collapsed, and was taken by ambulance to hospital where, in addition to the wound above his eye, he was found to have two fractured ribs which left him unable to work for several weeks.

Crabtree was arrested later that night after the police were called to another fight in which he ended up being injured, and he claimed it had been Mr Ebanks who had confronted him, and Band also blamed their victim for the incident.

Barristers for the two defendants pointed out they were both of ‘effective good character’ and regretted the incident.

Simon Hunka, for Crabtree, said that since the incident he had shown ‘a degree of maturity’ and had moved to a different address and got himself a job, adding: “He is truly sorry for what he’s done. It shocked him to see the video.”

Sentencing the two, Recorder Mark Watson told them: “It is not, in terms of this type of offence, the most serious level of injury, although of course it is serious.

“It was undoubtedly higher culpability. The use of your head and feet make it so, and there is the aggravating feature that it was outside Mr Ebanks’s own home.

“But there are features which reduce the starting point – your lack of convictions and the remorse you have shown.

“I take the view that you two behaved in a way which was out of keeping with the character you both have. You have let yourselves down enormously.”

As their victim stormed out of the public gallery on hearing the sentence, Recorder Watson added: “Mr Ebanks may anticipate that the two of you richly deserve custody for what you did, but the decision is mine.”