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A BOYFRIEND has been spared jail after kicking a man who "sexually assaulted his girlfriend" until he passed out with a broken cheek.
Daniel Puckering, 22, and his partner met the man while out together – before he allegedly made sexually suggestive remarks to her.
The man fell asleep on a sofa but Puckering asked him to leave, before dragging him outside and attempting to put him in a taxi.
But the man didn't move from the floor and the taxi left without him.
Hull Crown Court heard that the man aimed a blow at Puckering, which he avoided.
And then Puckering hit the man once in the head and dragged him into the front garden before going back inside with his girlfriend.
The man then started pulling his trousers and underwear down while on the ground, according to the girlfriend.
His girlfriend then saw Puckering punch the man in the face and boot him with "quite a bit of force" before saying to him: "Don't do anything else or you might kill him."
Neighbours said they thought it was an object on the ground – before realising it was actually a man.
They were shocked to find the man naked from the waist down, unresponsive and bleeding from his head.
They feared that the victim was dead after the "very dangerous"
kicking, a court heard.
He was quickly rushed to hospital after the violent and "completely over the top" attack – and was left with a fractured cheekbone and bruising and swelling to both eyes following the attack.
Anthony Dunne, prosecuting, said: "He has no memory of the night until he woke up in Hull Royal Infirmary."
Puckering told police that he tried to ask the victim to leave at least 10 times in 20 minutes.
Richard Thompson, mitigating, said: "He has always clearly accepted responsibility for the assault.
"The complainant drank so much alcohol that he rendered himself virtually incapable and, on the Crown's evidence, he sexually assaulted the defendant's partner.
"Clearly, something happened to cause the defendant to react the way he did.
"There is no doubt that he has learned a considerable lesson."
Judge Sophie McKone said of the victim: "I have worked on the basis that he did sexually assault her."
She told Puckering: "You behaved in a completely inappropriate way and acted completely over the top by kicking somebody in the head who was clearly in drink and unable to move.
"Kicking somebody in the head is always very dangerous. You could have killed him.
"There was a high degree of provocation in your case."
Puckering, who had been in custody since May, was given a one-year suspended prison sentence, 150 hours' unpaid work and 30 days' rehabilitation.
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