AN ALCOHOLIC who assaulted a York father-of-six with a broom handle hours before he died has been jailed for four years.

James Dale, 26, attacked John Kelly in “a sick joke gone too far”, York Crown Court heard.

Mr Kelly, left, had collapsed during a drinking game at a flat in Bell Farm Avenue, off Huntington Road, and witnesses heard Dale bragging about what he had done to a friend.

Dale is now behind bars after admitting causing actual bodily harm to the 46-year-old, who was found dead on October 27 last year, but Lisa Boden, Mr Kelly’s partner of 24 years, hit out at Dale’s punishment.

She said: “I am absolutely disgusted. I was expecting at least five years. I don’t think anyone in the family will be happy with what he has got.

“He has shown absolutely no remorse.

“He was shouting to his mates at the back of the court as if they were at a party.”

York Crown Court heard Dale had been drinking all day and downed “large quantities of cider” with a friend, before the pair were joined by Mr Kelly, of Elmfield Avenue.

David Garnett, prosecuting, said “a wager” had been placed on who could drink three pints of cider within five minutes, adding: “John Kelly then seemingly collapsed on the floor unconscious, given his intoxicated state.”

The attack then took place and Dale left the flat with another man, with Mr Garnett saying witnesses had seen him “laughing” and that he “thought it was funny”.

Police and paramedics were called to the flat, where Mr Kelly was pronounced dead.

The cause of death was determined as alcohol poisoning leading to a cardiac arrest. The victim being four-and-a-half times over the legal drink-drive limit.

Mr Garnett said Mr Kelly’s partner, and their six children, aged between nine and 23, had been left “devastated and haunted” by the attack, saying: “Clearly this will live with them for some time.

When arrested, Dale told police his actions were “drunken stupidity”, adding: “I don’t know why I did it. It was a sick joke gone too far.”

Nicholas Parsons, defending Dale, told the court his client was filled with “shame and remorse” and the crime was fuelled by alcohol addiction.

Sentencing him, Judge Shaun Spencer QC said: “The offence was committed on a victim who was vulnerable because he was unconscious.

“Although he was unconscious at the time, for the family it must be a great grievance to know what was done to him in the short space of life he had left in him.”