AN OFF-duty soldier and his brother blamed their violent street attack on three strangers in Kendal on drinking too much.
The unprovoked violence meted out by Aaron Atkins, 32, and his brother Ryan Atkins, 30, who is a professional soldier, left two women who were among the three victims traumatised, Carlisle Crown Court heard.
Ryan Atkins admitted two actual bodily harm assaults while his brother pleaded guilty to one actual bodily harm offence and the theft of an iPhone.
Prosecutor Sophie Johnstone described what happened.
The violence erupted in the early hours of July 2, 2022, when the victims – two women and a man – were walking in Kirkland towards home after a night out and encountered the brothers in the street.
The barrister said: “The three victims encountered two males, the two defendants, across the street, walking the same way. One of the males shouted over to the group, asking for some beers, to which one of the women replied that they had nothing for them.
“The male muttered something audibly and was confronted by the woman, who queried what they were saying and why.”
After this, the man involved, Aaron Atkins, walked aggressively across the street and tried to punch the woman but her friends intervened. The defendant grabbed the man by the neck and punched him multiple times to the face and stomach, the court heard.
During this, the victim was bitten on the shoulder.
At this point, Ryan Atkins became involved, grabbing the hair of one woman and pulling her away. He threw her into the middle of the road. He then attacked the other woman, punching her in the face and kicking her in the back.
The prosecutor then read impact statements.
One of the women described how, after the attack, she would wake up crying and no longer wanted to go anywhere. “I get terrified, especially when somebody shouts or raises their voice,” she said.
She also suffered flashbacks, and "horrific dreams” about what happened.
The second woman also described struggling to sleep and how she no longer felt safe walking in Kendal at night. The man who was assaulted did not make a victim impact statement but he suffered a black eye and a bite mark to his shoulder.
Gerard Rogerson, for Aaron Atkins, said he accepted that he started the incident, and he also started two years of pain, not just for the victims but also for his family. He felt shame and wished to apologise.
He had let down his family.
Referring to a CCTV video of the violence, Mr Rogerson said: “He felt sick watching that video. That is not him. What led to his behaving in this way that night?: Rather depressingly, the answer is alcohol.”
The defendant drank far too much but he now wished to distance himself from such behaviour and could be rehabilitated, added the barrister.
Charles Brown, for Ryan Atkins, said he too had turned to drink, in his case at a time when his work as a soldier had separated him from his family. This had caused him “stress and strain” and he was “constantly apologising to people,” said Mr Brown.
The defendant had already been compelled to spend time in an Army Correction and Training Centre, impressing those in charge so much that they requested he return in the future to work there.
He too was previously drinking far too much, using alcohol to “self-medicate.” Mr Brown added: “He left the Correction and Training Centre with an exemplary report and was a “very valued gunnery instructor.”
Judge Michael Fanning told Aaron Atkins, of Willow Garth Avenue, Leeds, that he does present a “realistic prospect” of rehabilitation. He gave him six-month jail term, suspended for a year, to include ten rehabilitation activity days and 80 hours of unpaid work.
He must pay his victim £500 compensation.
Dealing with Ryan Atkins, from Denaby Main, Doncaster, Judge Fanning noted the real anxiety suffered by his victims.
But he referred also to references that spoke of how the defendant was considered by his senior officers to be a “valuable asset” to the Army.
“He is a vital member of my squadron,” said one reference. If jailed and unavailable for a deployment that is due in September, his squadron would not be “combat effective,” said the defendant’s commanding officer.
The officer also spoke of how the defendant was able to "inspire and motivate" the junior soldiers he worked with.
Judge Fanning said it was right to weigh the balance just “how vital” Ryan Atkins is to the Army. He imposed a 12-month jail term, suspended for 12 months.
The sentence includes 20 rehabilitation activity days, 40 hours unpaid work, and £600 compensation for each of the defendant’s victims.
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