Man kicked out at policeman while restrained

PUBLISHED: 13:52 06 October 2006 | UPDATED: 19:49 01 June 2010

AN altercation led to Wisbech man Ben Day kicking Sgt Robin Cawston when he was restrained outside the Rose and Crown Hotel on September 1. Day, of River Terrace, Wisbech, admitted to assaulting a police officer as well as using threatening, abusive and i

AN altercation led to Wisbech man Ben Day kicking Sgt Robin Cawston when he was restrained outside the Rose and Crown Hotel on September 1.

Day, of River Terrace, Wisbech, admitted to assaulting a police officer as well as using threatening, abusive and insulting behaviour at Fenland Magistrates' Court on Tuesday.

Anita Waterman, for Day, said: "He does not have any recollection of his kick but he had been CS sprayed and had blood dripping from a head wound.

"He was in pain and could not see so that is the nature of the assault and the officer who was kicked says he has no discomfort."

The court heard how police were notified by CCTV operators of a large number of people around the front of the hotel watching two people exchanging comments.

The gathering split up when police arrived and Day attacked the complainant before they were restrained in a doorway, with Day suffering a bad cut on his head.

Day was arrested and an ambulance called for. But while police calmed him down, Day swung his leg in a kicking motion at Sgt Cawston, causing no injury.

Peter Waterfield, chairman of the magistrates, said: "Although we heard it was an assault, there was not a sustained injury."

Day was ordered to carry out 130 hours of unpaid work in the community, with £55 costs. No compensation was considered as there was no serious injury.

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