May 6, 2016 11.23 am This story is over 94 months old

Lincoln man jailed for 12 months after attacking a takeaway driver

A man who repeatedly kicked a Lincoln takeaway delivery driver in the head after he was pulled out of his car, has been jailed for 12 months. David Martin, 46, was one of two men who attacked the kebab shop worker after he was forced to stop his car in Portland Street. Lincoln Crown Court…
Lincoln Crown Court inside Lincoln Castle. | Photo: The Lincolnite

A man who repeatedly kicked a Lincoln takeaway delivery driver in the head after he was pulled out of his car, has been jailed for 12 months.

David Martin, 46, was one of two men who attacked the kebab shop worker after he was forced to stop his car in Portland Street.

Lincoln Crown Court heard the delivery driver had to slow down after he noticed Martin and another man arguing in the street at around 11pm.

Martin joined in the attack after the delivery driver was pulled from his car by the other man, the court was told.

Mark Watson, prosecuting, said: “It was a sustained and repeated assault. There were a number of kicks and a shod foot was used as a weapon.”

The injured man suffered a cut lip and a fractured nose.

Martin was convicted by a jury in his absence of assault causing actual bodily harm after he failed to attend his trial at Lincoln Crown Court. He was sentenced after a judge issued a warrant for his arrest.

The jury heard Martin’s accomplice in the attack has since died.

They were told Martin, of no fixed address, had 37 previous convictions for 105 offences.

In mitigation, the court was told Martin had suffered a chaotic life with alcohol and drug addictions.

Passing sentence, Judge Simon Hirst told Martin there could be no alternative to jail.

The judge said: “The victim’s car door was opened. He was punched in the face and pulled out of the car.

“You then joined in, repeatedly punching and kicking him to the head. Mercifully the injuries were not as serious as they could have been.”