Thug with '30 offences on record' spared jail after battering brothers outside Burnley nightclub
A thug who assaulted two brothers on a boozy night out, putting one of them off work for a month, has been ordered to pay them compensation.
But, because Sean Wilkinson is unemployed and on benefits, a judge in Preston could only award nominal damages for the injuries and distress he caused them.
The 39-year-old pleaded guilty to assault causing actual bodily harm on both men after leaving the Projekt nightclub in Burnley town centre in September 2023.
Despite an “unenviable” criminal record which includes a number of offences involving violence, he was spared jail and given a suspended sentence instead.
CCTV footage of the incident was shown in court as Recorder Charlotte Deane heard one of the brothers had already been assaulted by an unknown man inside the club before he and his brother got into a confrontation with Wilkinson in the street outside.
Fighting broke out involving the bothers, Wilkinson and another unknown male further down the road near to the Marks and Spencer store. Both brothers sustained injuries.
Wilkinson was seen on the video to throw repeated punches at one of them. He also hit the other twice before leaving the area.
One of the brothers claimed he had been momentarily knocked out by the assault. The other suffered gashes above and below one eye which had affected his vision.
But the court heard that having already been assaulted in the club it was not possible to say which injuries had been caused by Wilkinson and which by the unknown assailant in the nightclub.
In victim impact statements one brother told the court he was knocked unconscious and was concerned if this might cause long-term problems such as dementia.
The other said the incident had made him anxious about going out again at night. Because of the injuries he suffered he had been unable to work for four weeks after the assault.
The prosecution said Wilkinson had 30 previous offences on his record, a number of them for violence, including two for battery, assault causing ABH and two of affray.
His barrister Miss White said Wilkinson had not been involved in the earlier incident inside the nightclub but agreed he had a long record of previous convictions. But there had been a “considerable gap” in his offending until 2023.
“Clearly something went wrong in 2023,” she said. “He pleaded guilty to battery in the May and then this some months later.”
She said he had issues with alcohol but he had used his time after being arrested for these offences to address those issues. Since the incident two years ago with the brothers he had stayed out of trouble “and has had no more brushes with the law”.
“He is ashamed on his conduct because he doesn’t want his daughter to see him in that light,” said Miss White.
Recorder Deane said that it was clear Wilkinson could change his ways after a long period without offending previously and two unblemished years since this last incident. She accepted that he had shown remorse for his behaviour that night.
Wilkinson was given a 10-month prison sentence suspended for 18 months. He was also ordered to complete 10 rehabilitation activity days and do 180 hours of unpaid work.
On compensation Recorder Deane said that because of his financial situation she could only order him to pay £240 to one of the brothers and £120 to the other in monthly instalments over a year.