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Richard Hayes spared jail after repeatedly kicking friend with steel-capped boots

09:00, 04 December 2015

updated: 09:02, 04 December 2015

A thug who repeatedly kicked a friend with steel-capped boots in a drunken attack has avoided a jail sentence.

Richard Hayes had been remanded in custody after being arrested for the vicious assault on Darren Martin.

Despite not having legal representation, a judge sentenced him to six months imprisonment suspended for two years.

Maidstone Crown Court. Picture John Wardley
Maidstone Crown Court. Picture John Wardley

Both Hayes, 49, and Mr Martin were staying at an address in Parrock Street, Gravesend, on July 24 this year when an argument started.

Maidstone Crown Court heard that Hayes was angry because he believed his girlfriend had sex with Mr Martin and that he had been texting her.

Prosecutor Claire Cooper said Mr Hayes denied it was true but eventually said it was to get Hayes and another man to leave him alone.

"He kept telling him to get up so that he could knock him back down again. He stopped when Mr Martin told him he couldn’t breathe" - Prosecutor Claire Cooper

Hayes then started punching the victim in the face, stomach and chest.

“He kicked him all over once he fell to the floor,” said Miss Cooper. “He kicked him in the head and face. Mr Martin didn’t retaliate in any way.

“He kept telling him to get up so that he could knock him back down again. He stopped when Mr Martin told him he couldn’t breathe.”

Hayes then called an ambulance and Mr Martin was taken to hospital.

“Mercifully, and perhaps surprisingly, he had no broken bones,” said Miss Cooper. “He was badly bruised. It is high culpability because of the use of a shod foot.”

Judge Martin Joy was shown pictures of the victim’s battered face on a laptop computer. He told Hayes to also look at them.

Hayes told the judge: “I regret it. I should not have done it. I got drunk and accused him of stuff. I have known him for 15 years. I have ruined the friendship.”

Judge Joy said it was the sort of offence that resulted in a prison sentence, but suspended it because Hayes did not have a bad record.

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