Christopher Lawton 45

Description

A convicted rapist kicked a stranger in the head outside a bar, mistakenly believing the victim was also a sex offender.

Christopher Lawton threw Damon Birch out of Perry's Bar in St Helens and left him unconscious on the pavement after a vicious boot to the face.

The attack stemmed from a woman's claim inside the pub that Mr. Birch had raped her and served time for it, though prosecutors confirmed he had no such convictions. In contrast, Lawton was jailed for 12 years in 2004 for raping and indecently assaulting a mother and daughter, an ordeal a judge called "every woman's worst nightmare."

Liverpool Crown Court heard on Thursday that Merseyside Police responded to the September 30 incident around 11:30 p.m., finding Mr. Birch on the ground with shoulder and head pain. Prosecutor Laura Atherton said CCTV showed Lawton, 45, of Mount Pleasant Avenue, pushing the victim out, then kicking him in the head before walking away. Mr. Birch was unconscious for up to four minutes.

Hospital scans revealed extensive bruising to his chest and abdomen, but no fractures. He recalled little, having gone out for a smoke after drinking with a friend.

In a victim statement read to the court, Mr. Birch said: "At the beginning, I was struggling to lay down due to the uncontrollable pain I was in. I'm frightened to do day to day things, even going to St Helens town centre. I can't even walk past or be around Perry's Bar. It really triggers me. If I was to see the male, I would run. I can't understand why this would happen to me. I'm constantly scared and anxious. I feel the assault has taken my independence away. I can't relax going out. I'm constantly looking behind me."

Lawton had prior youth convictions for assault and ABH. Defense counsel Isabella Denn-White said: "Obviously, the defendant has a serious set of convictions, but dating back to 2004. He was released in 2012 and has been out of trouble since. He has got positive factors in his life. His partner supports him in court. Importantly, and he expressed it again today, he is extremely remorseful. He recognises the impact on the victim. He tells me that he is his mum's carer. His mum is sadly passing away of cancer and has about three months to live. He cares for her daily. He has not worked since 2015 after a diagnosis of paranoid psychosis. He is now on medication and working through that with professionals and the support of his partner. It was an alcohol-related lapse in judgement. It is clearly an issue with alcohol here, and bad decision making."

Lawton admitted assault occasioning actual bodily harm. Wearing a black Hugo Boss polo shirt, he blew a kiss to his girlfriend in the gallery before being led to the cells.

Judge Ian Harris sentenced him to 18 months' imprisonment and a 10-year restraining order, saying: "You pushed Mr Birch out of the bar. His recollection is going outside for a smoke. He then remembers nothing, apart from being struck on the floor. He was defenceless, and you kicked him forcefully to the head on the floor. The victim describes constant pain in his shoulder, headaches, having a massive bruise down his ribs. He describes the mental and emotional impact as rendering him frightened to do day to day things, even going to St Helens town centre. The commission of this offence while heavily intoxicated is a factor that increases the seriousness. The plain fact is that you kicked this man to the head, causing him to become senseless for a period of some minutes. Fortunately for you, there were no long term physical difficulties. In mitigation, there is your guilty plea. The pre-sentence report indicates that you suffer from anxiety and paranoid psychosis. Your mother, sadly, is unwell. This was a vicious attack on a defenceless individual. By your own admission, you were heavily intoxicated. You kicked a defenceless man to his head when he was on the floor, causing him to become unconscious. The only appropriate punishment, in my judgement, is immediate imprisonment for this type of offending."