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Man kicked victim in head during scuffle in Leicester takeaway

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A man kicked another man in the head during a scuffle in a takeaway.

The incident began when Gurvinder Kandola went to Chicken and Pizza Express, in Narborough Road, Leicester, to complain about food he had ordered earlier that night.

The 23-year-old had taken his Staffordshire bull terrier to the shop and, while he was arguing with staff, a female customer who was scared of dogs moved away from the defendant and his pet.

The woman's boyfriend asked Kandola, of Kirkland Road, Braunstone, to take the dog outside. He refused and an argument began.

The victim, who was being held back by his girlfriend, lunged towards Kandola and then fell to the floor.

CCTV played in court showed Kandola punch and kick the man in the body and head.

Prosecutor Alan Murphy told Leicester Crown Court: "He was argumentive with staff over what he had perceived to be an inadequate food order.

"The girlfriend is keeping her boyfriend away from the defendant.

"He then lunges forward towards the defendant and loses his footing.

"There are punches from the defendant to the victim while he's on the floor.

"There are kicks, there are more punches and the girlfriend at some stage is trying to protect her boyfriend. She is also on the floor.

"There is a kick to the head area and the victim is not moving at all."

Mr Murphy said that a witness said she saw Kandola kick the man "at least three times in the head" during the incident, which took place at about 1.30am on April 8.

He was taken to hospital and found to have a cut on his head, a lump and bruising above his right eye, bruising on his arm and cuts to his knuckles.

In mitigation, Dominic Benthall told the court that while the kicks were "unjustified" the man had been shouting and swearing at Kandola for some time before the fight.

He said that the CCTV footage showed him being held against the wall by his girlfriend, who was struggling to hold him back.

"It was not his doing that he was drawn into an altercation with other people in the shop," Mr Benthall said.

"Throughout this, he was shouting at him, saying that he was going to snap the dog's neck and 'snap your neck'."

He said Kandola, who pleaded guilty to assault occasioning actual bodily harm, was remorseful.

Judge Lynn Tayton QC gave Kandola an eight-month prison sentence, suspended for 18 months. She ordered him to carry out 240 hours of unpaid work, pay £250 compensation to his victim and £250 towards the prosecution's costs.

"You kicked someone in the head and that could have had the most awful consequences," she said.

Man kicked victim in head during  scuffle in Leicester takeaway


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