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Assault victim 'deserves full compensation'

Tuesday, August 12, 2008, 21:01

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A MAN whose skull was broken with a single unprovoked punch should receive full state compensation even though he had been drinking before the incident, a judge has ruled.

Speaking at Plymouth Crown Court yesterday, Recorder Frank Abbot was reacting to a national news story which said the Criminal Injury Compensation Authority is reducing payments to victims of violence, including rape, when they had been drinking.

But he said this should not happen to Ian Trump, whom he said was utterly blameless and had suffered greatly.

Mr Trump, 42, was attacked by roofer Steven Hopkin in Exeter Street on September 9 last year.

Although he was much smaller, the squash player managed to wrestle Hopkin to the ground and pin him down to restrain him.

But as the two got to their feet, Hopkin unleashed a single punch which lifted Mr Trump off his feet, knocking him unconscious and leaving him lying with his head in the gutter.

Mr Trump suffered a fractured skull and a blood clot on the brain, which required an operation, and spent three weeks in hospital.

He was off work for six months and has suffered ongoing physical and psychological problems.

Recorder Abbot said: "It would be quite wrong for his Criminal Injuries Order to be affected by his consumption of drink – I want that recorded.

"I hope the board will pay him more; he deserves it.

"He is a completely innocent person who was minding his own business."

The judge noted Hopkin, 29, of Sherril Close, Staddiscombe, had been convicted of affray in 1999 after drinking in an Elburton pub.

A vehicle was damaged in an accident outside the pub, and Hopkin attacked one of the passengers.

His attack on Mr Trump resulted in his conviction for grievous bodily harm, following a two-day trial before the same judge.

Kelly Scrivener, defending, produced 10 character references and said Hopkin felt genuine remorse.

Had he not handed himself in at Charles Cross police station the following day, he would probably never have been caught, she added.

Recorder Abbot told Hopkin: "It is pure luck that Mr Trump didn't die.

"You could have killed him and be facing a murder or manslaughter charge."

He sentenced Hopkin to 10 months in jail, suspended for two years, ordered him to pay Mr Trump £4,000 compensation at £40 per week and to do 200 hours of unpaid community work, warning him: "Don't get in this situation again."

A spokesman for the Criminal Injury Compensation Authority said: "We consider each case on an individual basis and the CICA scheme will apply a reduction if the applicant has drunk too much or used illegal drugs AND their conduct has contributed to the circumstances."