South Yorkshire reveller kicked out at man and left him unconscious
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Sheffield Crown Court heard on August 24 how Michael McKernan, aged 43, of Hooton Road, Kilnhurst, Rotherham, threw his victim to the ground before swinging a kick at him.
Ian Goldsack, prosecuting, said there had been an incident inside Maggie May’s bar, on Trippet Lane, Sheffield, and McKernan had been asked to leave and there was an alleged exchange with a man outside but as a further man seemingly intervened McKernan threw him to the ground and kicked out at him.
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Hide AdMr Goldsack added: “As he lands on the ground a hefty kick seems to be delivered although it is not clear where it connects but it seems to be towards the head area.
"There were serious complications for the complainant who had a previous history of epilepsy and he suffered a seizure either from hitting the ground or by being kicked.”
The complainant was described as being left deeply unconscious and was in a comatose state and needed to be placed in intensive care and needed help with his breathing before he was discharged from hospital.
Mr Goldsack added that the complainant has no recollection of what occurred and had been left struggling but those treating him said they did not anticipate any long-term effects.
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Hide AdMcKernan, who has no previous convictions, pleaded guilty to assault occasioning actual bodily harm after the incident in March, 2019.
Dermot Hughes, defending, said: “He is a man who holds attitudes which are generally good and he is appalled by what has happened and expresses genuine remorse.”
Mr Hughes added that McKernan is the primary carer for two children and he has never been in trouble before.
Judge Roger Thomas QC told McKernan: “You kicked him and you kicked him somewhere at the top of his body to the area of his head.
"It’s exactly the sort of situation where people, I am afraid, can and do die.”
Judge Thomas sentenced McKernan to ten-months of custody suspended for 12-months with 180 hours of unpaid work.