An Amazon delivery driver who punched a man in his 60s during a row over a blocked driveway, leaving him with life-changing injuries, has avoided prison. Kenneth Pugh, 42, struck 64-year-old Peter Martin once in the face following a heated argument outside the victim's home in Mossley Hill, Liverpool.
The force of the blow sent Mr Martin crashing to the ground, causing his head to 'bounce' off the pavement. He suffered a fractured skull and bleeding to the brain, leaving him needing extensive rehabilitation and dependent on a wheelchair.
Assault and Sentencing
Pugh, of Meredith Street, Garston, pleaded guilty to assault causing grievous bodily harm. He had nine previous convictions for 27 offences, the latest being in 2011. He was sentenced to 21 months in prison, suspended for two years.
The assault happened on September 10 last year, when Mr Martin, a college technician, and his wife returned to their home, in Wayville Close, to find Pugh's Amazon delivery van parked across their driveway. Mrs Martin gestured to Pugh that they wanted to park, and Pugh 'appeared agitated' as he threw his packages back into his van and drove off at excessive speed, narrowly missing the Martins' car.
The Incident Details
Prosecutor Sarah Holt told Liverpool Crown Court on October 29: "The defendant drove very close to him, and as he drove off Mr Martin remonstrated with him from his vehicle, shouting towards him. The defendant stopped his van upon hearing this. He opened the door to him and shouted 'what did you say?', and the situation escalated from there."
"He got out of the van and walked towards Mr Martin and the two men were face to face in the road, and there was shouting on both sides. Mrs Martin asked her husband to go back towards the house, and as he did, the defendant punched him once towards the face. It was of sufficient force to knock him straight onto the road and his head 'bounced' on the pavement. The consequences were extremely serious."
Mr Martin was initially unresponsive, with 'blood coming out of his mouth' and a large swelling on the back of his head. Paramedics were called, and Mr Martin regained consciousness, but appeared 'confused' and did not know what had happened. He was initially directed to Royal Liverpool Hospital, but his condition rapidly deteriorated in the ambulance and they diverted to the trauma centre at Aintree University Hospital.
Impact on the Victim
Ms Holt told the court there was bleeding to his brain, a fracture to his skull, and bruises to the back of his head. His condition deteriorated even further and had to be placed on a ventilator in intensive care. Since the incident, Mr Martin said he had been unable to drive, and relies on an electric wheelchair for anything more than a short walk, leaving him feeling 'imprisoned in his own house'. His wife gave up her job to look after him full time.
Pugh initially left the scene after the assault but briefly returned before a neighbour told him to go away. When he was arrested later that day, he told police: "All I've done is I've done that and I've gone to see my kids. Obviously I've s*** myself."
An examination of Pugh's phone found five voice notes which showed him becoming 'increasingly frustrated at the workload that day, the number of packages he had to deliver, and the places he had to deliver to', the court heard. In the last note, recorded around an hour before the attack, Pugh could be heard saying: "I'm not a**ed what you say, this run has been put together by you. I'm not f****** stupid. I've had over 200 stops over three areas... It's a f****** joke."
Defence and Court Outcome
A statement from Pugh was read out to the court. It said: "At the time in the street I was concerned about the situation and in my mind I did think Mr Martin was going to hit me, however I accept I had other options than to punch him. I should have walked away. I'm truly sorry for my actions and I regret what I have done."
Jo Maxwell, defending Pugh, said: "He wishes, in his words, that he could turn back time, undo what has been done by him, and he wishes he had never got out of his van that day and confronted Mr Martin." She described him as a 'hardworking family man', who was a 'good father' to his four children aged 12, 11, eight and six. She said Pugh had been assessed as posing a low risk of reoffending.
Mr Recorder Michael Armstrong said the victim had been in an induced coma, adding: "I have read the references from the mothers of your children. All three describe you as a loving father and all three said what you did is out of character. In my judgement the mitigation clearly outweighs the aggravating factors. I accept that immediate custody would have a very serious impact on your children."
As well as a suspended sentence, he also made a 12 month mental health treatment requirement, a probation requirement, and a six month curfew.
