TWO men who assaulted their victim in an Ellesmere Port street and left him bleeding in the face have been jailed.

Nathan Elliott, 26, of Faraday Road, Whitby, Ellesmere Port and Dylan Johnston, 25, of no fixed address, appeared via videolink at Chester Crown Court on Tuesday, June 30 to plead guilty to assault causing actual bodily harm.

CCTV footage was played to judge Simon Berkson which showed a 20-second attack where the victim was attacked with the bag he had been carrying, with Johnston additionally using a thin piece of wooden fence post he had broken off a fence to use as a weapon.

Both were jailed for 18 months.

Prosecuting, Simon Parry said the attack happened at 11.50pm on May 29 on Princes Road.

The victim had been walking along the street when a Range Rover drove by and pulled up. Two passengers – Elliott and Johnston – got out of the car and went towards the victim, who handed over his bag.

Both Elliott and Johnston then assaulted the victim, with the victim at one point being kicked to the upper part of his body and Johnston using the fence post as a weapon.

Elliott and Johnston left the scene and police were called.

The victim, who was left bleeding heavily on his head and with a puffy face, declined to make a complaint, but the incident was captured on a resident's CCTV camera and police identified the two defendants.

Mr Parry said Elliott had 19 previous convictions for 34 offences, including ones for affray, battery and possession of an offensive weapon.

Johnston had 28 previous convictions for 45 offences, including over 10 battery offences, as well as an attempted robbery in 2013, for which he received a six-year prison sentence.

Maria Masselis, defending Elliott, said the offence "should never have happened" and Elliott had admitted it was impulsive, and regretted it.

Elliott was now in a stable relationship and had just seen his baby born, but has since been incarcerated.

He was working with social services and was optimistic of being a full-time father upon his release, which was now a motivating factor for him.

Given the current situation with coronavirus, he was spending 23 and a quarter hours a day in his cell at HMP Altcourse, with just 45 minutes for exercise, and has been unable to get any post.

He hoped to be reunited with his family as soon as possible.

Chris Hunt, defending Johnston, said the victim had previously said something about Johnston which upset him, which was the reason behind the "spur of the moment" attack.

Johnston had had a troubled upbringing, has severe ADHD, but had shown greater maturity in recent years and had been working with probation.

Mr Hunt added, while the attack was repeated, it was short-lived and most of the attacks were "ineffectual".

Judge Berkson, sentencing, said: "This offence occurred when the country was in lockdown.

"It was a targeted attack on a defenceless man. He was clearly injured and he did not make a complaint about what had happened.

"You have substantial records for criminal violence.

"Nathan Elliott, you have now a young baby and your ambition is to be a good father and I hope you do exactly that. Dylan Johnston, you have in the past been able to keep out of trouble and I hope you are able to regain that lifestyle again."

Following the case, Detective Constable Iain Ross, who led the investigation at the Ellesmere Port Local Policing Unit, said: “I am pleased that Nathan Elliott and Dylan Johnston are now behind bars facing the consequences of their actions.

“The attack was unprovoked and left the victim requiring hospital treatment for facial injuries.

“Considering the vicious and sustained nature of the assault he was subjected to, he is lucky to have not sustained more serious injuries.

“The consequences of this incident could have been far worse.

“I hope that the victim can move forward with his life now that Elliott and Johnston have been jailed for what they did to him that night.

“I also hope that this case deters others from committing similar offences.”

Cheshire’s Police and Crime Commissioner David Keane said: “I am glad to hear that the victim is back at home after receiving treatment for the injuries he sustained.

“Violent incidents of this nature are completely unacceptable and I would like to thank all the officers who have been involved in securing these convictions for their hard work and dedication.

“I hope that this case reassures residents that Cheshire Constabulary is committed to bringing violent offenders to justice and making our communities safer places to live, work and visit.”

  • A third defendant, Matthew Philipson, appeared in Chester Crown Court to plead not guilty to the sole charge of assault causing actual bodily harm. The prosecution offered no evidence in his case and Philipson was free to go.