Brutal bottle attack led to brain damage

A 29 year old Netherton man brutally hit a man over the head with a champagne bottle which left him brain damaged a court heard.

Richard Smith from Stourbrige suffered a traumatic brain injury which left him with language difficulties, an impaired right arm and the restriction of his mobility.

Mohammed Osman Khan, of New Road, Netherton struck him on the head with the bottle with such force it fell from his grasp and smashed on the ground.

The blow caused Mr Smith, aged 29, to fall to the floor but the attack persisted and Khan was seen to stamp on his head. Wolverhampton Crown Court heard how that night Mr Smith had been to Worcester with friends from the Broadway pub in Stourbridge to celebrate a birthday but on the return journey there was a verbal confrontation with Khan who had become “annoying.”

When their coach returned to Stourbridge four or five Asian males who had been summoned by Khan on his mobile then attacked Mr Smith with bottles.

It was then that Khan was seen to strike the terrible blow to his head while two friends of Mr Smith's were also injured in the attack.

Walter Bealby prosecuting said it was clear Mr Smith had been badly hurt and he was later found to have a fractured skull with associated bruising to the brain and, six months later, he was still in a “sorry state.”

Khan, who was arrested on the M6 two days after the attack, denied causing grievous bodily harm with intent, violent disorder and also incitement to cause grievous bodily harm.

In his defence to the jury he maintained he had been attacked by Mr Smith and his friends and he had been acting in self defence.

However the jury convicted on unanimous verdicts on all three charges by a jury after they retired to consider the evidence at the end of his trial.

Judge Michael Dudley remanded Khan in custody for reports but he warned him he faced a “very lengthy” sentence for the attack.

The Judge said he had to consider passing an indeterminate sentence on Khan after being told he had a string of previous convictions for offences including assault and affray.

He said he had to determine the how dangerous Khan was because it was likely a sentence would be passed for the protection of the public.

The Judge remanded him in custody until August 22 when it is expected the case will be finalised.

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