2015: A MIDDLE-AGED BOLTON MAN WHO PUNCHED A GIRL OVER A PRANK IS FREED FROM JAIL ON APPEAL
A man in his forties from Bolton, who previously assaulted a young girl by punching her after she knocked on his door and fled the scene, has been released from prison following a ruling by senior judges.Lee Kilburn, aged 45, pursued his 11-year-old victim along his street, seized her by the hair, and forced her to the ground following a prank she and friends played on him in July of the previous year.
While she lay on the pavement, Kilburn struck her twice in the face, resulting in a nose injury that was severe enough to require surgical intervention.
He was convicted of grievous bodily harm and sentenced to one year in jail at Bolton Crown Court in June after admitting guilt.
However, the Court of Appeal in London, comprising three senior judges, overturned that sentence today, asserting that the punishment was disproportionate.
Instead, Judge David Aubrey QC sentenced Kilburn to a nine-month suspended term, citing the case as “exceptional.” The court was told that Kilburn was generally a gentle, law-abiding man known for his integrity and respect within his community.
Referring to the sentencing, Judge Aubrey stated: “The 11-year-old girl was engaging in a knock-and-run game with friends, not expecting such a strong reaction from the homeowner.” He explained that Kilburn tracked her down, and instead of reprimanding her, he grabbed her by the arm and hair, then knocked her to the ground before delivering two punches, which caused considerable injury.
The girl needed surgery to correct a deviated septum caused by the assault.
Nevertheless, Judge Aubrey, sitting alongside Lady Justice Macur and Mr Justice Goss, emphasized that Kilburn had “strong mitigation” factors.
On the night of the incident, he was dealing with the devastating news that his partner had terminal cancer and was given only a few months to live.
“Under extreme stress, he acted out of character and lost self-control,” the judge commented.
Considering these “exceptional circumstances,” Judge Aubrey decided to overturn the original sentence and ordered Kilburn’s immediate release.
