A TEENAGER has avoided an immediate jail sentence after his unprovoked attack on a new father left him suffering a brain injury.

York Crown Court heard Harry Elmer-Foster, 18, knocked out recruitment consultant Peter Wright with a single punch in Bootham, York, on November 5 last year.

The father-of-one had been arguing with another man who had insulted his 14-week old baby when Elmer-Foster spotted them and told his friend to pull over, said Andrew Semple, prosecuting.

A man threw a drink at the car when it stopped and both Elmer-Foster and the driver, who had been on their way back from a party in Selby, got out to confront the group.

York Press:

Elmer-Foster, of The Knoll, Acomb, punched the man Mr Wright had been arguing with twice and left to get back into the car.

Mr Wright walked after Elmer-Foster to remonstrate with him and was hit in the head, immediately being knocked out and hitting his skull on the pavement.

Elmer-Foster and the driver left the scene and Mr Wright was taken to York Hospital, and later transferred to Hull Royal Infirmary for an operation to relieve swelling on his brain.

He spent three days in hospital and was left with a scar from 41 stitches.

Mr Wright had to take time off work to recover from his injuries and the ordeal has left him fearing redundancy after two clients moved to other firms due to his absence.

During his recovery, his wife had to look after their baby singlehandedly and he suffered mental and physical scars from the attack.

Mr Wright is also unable to drive after suffering the injury.

Elmer-Foster was given a two year sentence in a young offenders’ institution, suspended for two years, after he pleaded guilty to grievous bodily harm.

The Honourary Recorder of York, Judge Paul Batty QC, ordered him to pay £5,000 compensation to Mr Wright, to carry out 200 hours’ unpaid work, and subjected him to a 8pm to 6am curfew.

The court heard Elmer-Foster’s anger had sparked from losing his paternal grandmother the previous summer.

The judge told him: “It was, in my judgement, wholly unprovoked.

“The injury could have been life changing or fatal.

“You are lucky we are not facing a charge of murder or manslaughter.

“Although you have had a lot of opportunities you have done very little. It’s all very well to wallow in self-pity and I understand the tragedies you have suffered but you have had a lot of family support and it’s about time you grew up because you have a lot of growing up to do.”