Coke and boozed-up Derbyshire man left pub-goer with “one-punch” brain bleed

Dean Capewell, 32, hit his victim after drinking heavily from 4pm in the afternoon - leaving the man “laid out” unconscious on the floor.

Derby Crown Court heard the attack came with “no confrontation beforehand” and the injured man sustained a fractured skull and cheekbone - however he made a full recovery.

Amy Earnshaw, prosecuting, told Derby Crown Court how on June 24 last year the landlady of Ripley’s Crompton Arms saw “a male standing over” the victim.

She said: “The defendant has turned towards the complainant and punched him - the landlady heard a bang coming from outside.

“She’s gone to have a look and saw (the victim) laid out on the floor - he was unconscious and she called for an ambulance.”

Ms Earnshaw said Capewell’s victim and a group of friends were being “disruptive” in the pub after ordering a round of shots in the moments leading up to the punch.

She said: “(The victim's) last recollection having consumed three alcoholic drinks was going to the toilet.

“He couldn’t remember anything until he woke up in hospital where he was told he had a bleed on the brain.”

Ms Earnshaw added that he was discharged from hospital 72 hours later.

Capewell had six convictions for seven offences, including affray and battery, however he had led a “law abiding” life since 2008, the court heard.

Stefan Fox, mitigating for Capewell, said: “Things were going very well for him until 12 months before this offence - the pandemic hit him very hard.”

Mr Fox said Capewell lost contact with his young son - who lives abroad with his mother - and lost his job of six years.

He said: “He is truly sorry for what he has done and has repeated his feelings of sickness about what he did. It’s another sad tale of the evils that drugs and drink can cause.”

The court heard Capewell was now subject of a 10-year pub banning order and had “ceased using drugs entirely”.

In a letter read out to the court Capewell expressed his “deepest regrets” about the incident, adding “I’ve been deeply affected”.

He wrote: “I would like (the victim’s) family and anybody else impacted to know just how sorry I am - I accept full responsibility for what happened on that night.

“I will accept wholeheartedly whatever punishment the court deems fit for me.”

Recorder Collingwood Thompson told Capewell: “You are very fortunate - we’ve all had experience of people who have drunk too much, got involved in violence and one punch can lead to death.

“You are fortunate that didn’t happen in this case - in your case this happened as a result of drink and drugs and you have previous convictions for violent offences.”

Capewell, of Western Drive, Heanor, admitted inflicting grievous bodily harm without intent.

He was jailed for a year suspended for 18 months, handed 120 hours unpaid work, 10 rehabilitation activity days and ordered to pay £175 court costs.

The judge added: “You have avoided prison by a whisker - please take this chance Mr Capewell.”

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