'˜The footprint of one of the attackers is on the face of the victim'
Plasterer Daniel Mason, 26, of Regent Road, Morecambe, and brother Jake, 22, a chef from Haweswater Place, Morecambe, brutally assaulted Paul Mullooly on August 11 after bumping into him on a night out.
They continued to kick him while he was on his knees, Preston Crown Court heard, and when he was unconscious on the pavement he was stamped on.
Daniel was jailed for 24 months, but Jake’s 16 month sentence was suspended for 12 months.
Prosecuting, Craig McGregor said: “Paul had been in a relationship with their mother until 10 years ago. At the time of the break up Daniel would have been 14
“The victim had been living in Scotland with his family but was meeting his father and brother at The Bull pub in central Morecambe at about 4pm.
“He noticed his brother talking to someone at the bar. Jake Mason and Paul Mullooly said hello to each other and there was no trouble.
“Mr Mullooly’s party moved out of the beer garden and some time later while he was at the the toilets, Jake came across and said Daniel was on his way and if he did arrive there would be trouble.
“The party left shortly thereafter. Mr Mullooly, his brother and father went to Wetherspoon’s and the Ranch House.
“The walked along Marine Road next to Rita’s Cafe when the two defendants appeared and without saying anything they started to punch him about the head. Daniel started the punches and Jake joined in.
“Mr Mullooly was on his knees. There were two stomp like kicks hitting him full in the face causing him to fall to the floor unconscious.”
The court heard his face was stamped on before the brothers ran away.
Medics at the Royal Lancaster Infirmary found soft tissue swelling on his head after a CT scan and blood in his sinuses.
The brothers gave a prepared statement to police claiming he was the attacker.
They later pleaded guilty to causing actual bodily harm.
Defending Jake Mason, Fraser Livesey said he was of good character and that there had been “some sort of emotional background.”
Defending Daniel, Chris Hudson said although he had a criminal record he was turning a corner and had been working as a plasterer.
“ He contends there was extensive domestic violence witnessed by him. There had been long standing and smouldering ill feeling.”
Recorder Tania Griffiths QC said: “I’m not prepared to accept there was violence to your mother however I accept there were tensions.
“The footprint of one of the attackers is on the face of the victim. This was a very nasty sustained attack.”