TWO teenagers have escaped custody for an attack on a youth that left the victim with a broken jaw days before Christmas.

Robert Fitch, then 16, and a boy, then 14, were among 20 or 30 youths who gathered on land off North Street, central York, near to a police station, at a time when only six people were allowed to meet together because of coronavirus restrictions, York Crown Court heard.

Alex Menary, prosecuting, said Fitch hit the victim, who was not part of the group, on the side of the face, the group attacked the victim, and the 14-year-old landed a “full force blow” on the victim’s face that caused “horrible pain”.

“Both of these defendants tried to stamp and kick (the victim) whilst he was on the ground,” said the barrister.

Several bystanders filmed the incident on mobile phones before the large group broke up and ran off.

The victim was taken to hospital where doctors later diagnosed a fractured jaw that needed a metal plate inserting, and a bloody nose.

He told the court his face is still numb and painful in cold weather nearly two years later and believes that the effect will be permanent.

Fitch, now 18, of Giles Avenue, Tang Hall, and a boy who cannot be named for legal reasons and who lives in north York, both pleaded guilty to causing grievous bodily harm.

Recorder Mark McKone KC told York Crown Court: “If they had been adults at the time (of the offence) immediate custody would have been called for. But for people under 18 with no previous convictions, it would be wrong in principle to impose an immediate custodial sentence.”

He made Fitch subject to a two-year community order with 20 days’ rehabilitative activities and the other defendant a two-year youth rehabilitation order with two years’ supervision and two rehabilitative programmes of eight sessions each.

Both defendants must observe a six-month nightly curfew between the hours of 7pm and 6am and each was made subject to a five-year restraining order aimed at protecting the victim and his girlfriend at the time.

The teenagers committed their offences on December 19, 2020, when York was subject to Tier 2 coronavirus restrictions limiting gatherings to six people.

Mr Menary told the court the victim went to land between North Street and the River Ouse that day for a pre-arranged fight, expecting to meet three other people.

Instead, when he arrived, he saw the group of 20 to 30 youths.

He and the person he had arranged to fight exchanged blows for a couple of minutes before breaking off, backing away from each other and shaking hands.

Fitch then lunged forward hitting the victim in the face and they exchanged blows. At one point, the victim kneed Fitch between his legs before backing off.

Without warning, the second attacker struck the victim in the face.

Barristers for the two defendants gave no mitigation after the judge announced that he would not jail the pair.