A MAN whose punch left a student permanently injured was allowed to keep his freedom because he had suffered a triple bereavement.

Matthew Anthony Horner, 23, broke Richard James’s jaw by walking up to him and hitting him once at 2am on February 7 in York city centre, said Richard Smith, prosecuting at York Crown Court.

The victim had to undergo surgery to put metal plates into his face, couldn’t eat solid food for some time and has permanently lost any feeling in his lower lip and chin. As a result, he already accidentally burnt his mouth on hot food and his studies have been disrupted, said Mr Smith.

Lee-Anne Robins-Hicks, for Horner, said he had lost his grandmother and two of his close friends had taken their own lives shortly before the incident and two days before it he had started taking medication for depression. He had been in the city centre because two more of his friends had taken him out to try and cheer him up.

“This is not an easy decision,” said the Recorder of York, Judge Stephen Ashurst. “But I think the cumulative effect of your grandmother’s death and having losing two close school friends is something somewhat unusual in this type of case. I think that caused your judgement to be out of sync at the time.”

He suspended a 12-month prison sentence for two years on condition Horner does 200 hours’ unpaid work and a rehabilitation programme. He must also pay Mr James £2,500 compensation, an amount geared to Horner’s ability to pay rather than the value of the injury.

The judge said Mr James, as a “wholly innocent” person could apply to the Criminal Injuries Compensation Authority for more compensation.

Horner, of Cleveland Street, Holgate, pleaded guilty to causing grievous bodily harm. He has a previous conviction for causing actual bodily harm.

Mrs Robins-Hicks said: “He is genuinely and totally remorseful.”

Mr Smith said CCTV showed the two men, with their respective friends passing each other. Horner shoulder-barged Mr James and the two groups continued on their routes.

Shortly afterwards, Horner walked quickly up to Mr James and hit him before running off. He was caught on CCTV running through the streets. But his friends stayed behind and gave police his mobile phone number.

The next day Horner handed himself in. He also handed in the clothes which he was wearing during the incident, though one of his friends had been prepared to hide them.