Serial Scarborough offenders Barry McGrath and Robert Power jailed for shocking attack on 'perfectly innocent man'

Barry McGrath, 44, hunted the man down in a “pack” with his cohorts Robert Power and Clare Campbell near Scarborough town centre, York Crown Court heard.

The named victim tried to run away but was tripped up and fell over, whereupon the “pack” launched a vicious attack as he was lying “helpless” on the ground, said prosecutor Harry Crowson.

During the shocking scenes in Albemarle Crescent, onlookers saw two men “repeatedly kick (the victim) on the floor”.

One witness said he was so horrified by the severity of the attack he wondered “if it might be fatal”.

Others said they saw the attackers “going through (the victim’s) belongings”, including a mobile phone and cash, and another reported seeing Power trying to grab him by the throat “as if to break his neck”.

The victim was punched and kicked “multiple times” and was subjected to “at least one serious stamp”.

One witness said a hammer was brought out at one stage, although it appeared that it hadn’t been used.

Mr Crowson said the victim was pleading with people to call police but “felt helpless because nobody seemed to be coming to his aid”.

Officers eventually arrived at the scene and all three attackers were arrested in the street.

Mr Crowson said the victim suffered multiple lumps to the head, dizziness and severe pain to his neck and torso.

The three suspects were each charged with robbery and assault occasioning actual bodily harm following the incident at about 5.30pm on July 4 last year. All three denied robbery but admitted ABH.

The prosecution accepted these pleas and the robbery allegation was dropped. They each appeared for sentence today (January 27).

Mr Crowson said the victim was attacked after he had gone to a friend’s home at a block of flats in Albemarle Crescent where Power also happened to live.

The victim was said to be carrying a hammer in his rucksack because he intended to help his friend with some carpet work, but when he knocked on his door there was no answer. He then went upstairs to knock on another door and was coming back down the stairs when he was confronted by five people, including the McGrath, Power and Campbell.

Mr Crowson said Power mistakenly suspected the victim was a burglar and threw a punch at him, as did McGrath who tried to stop him getting out of the building.

The victim finally managed to get out and ran away down the street. He tripped over, got back up and tried to run away again, but the chasing “pack” caught up with him and one of them “grabbed or tripped him” and he fell back down.

The hammer he had been carrying in his rucksack fell out during the incident and he was then brutally attacked.

The court was told about McGrath’s long criminal history which comprised 25 previous convictions for 40 offences including wounding, robbery, public disorder, affray, carrying an offensive weapon and perverting the course of justice.

McGrath, formerly of Trafalgar Square but currently of no fixed address, had received prison sentences as recently as December 2021 and February last year for handling stolen goods and carrying a blade.

Power, 41, of Albemarle Crescent, had 24 previous convictions for 47 offences including ABH and theft.

Campbell, 39, of Victoria Road, Scarborough, had six previous convictions for 11 offences and two cautions for theft and criminal damage.

Defence barrister Nicholas Hammond, for Power, said his client mistakenly thought he had been burgled and flew into a rage when he saw the victim outside his flat with a hammer inside his rucksack.

James Holding, for McGrath, said the father-of-four had a drink and drug problem at the time, namely a crack-cocaine habit.

He said McGrath admitted stamping on the victim.

Nick Peacock, for Campbell, was spared the need for mitigation because judge Simon Hickey said he would not be sending her to jail as she wasn’t ordinarily a violent person and only had limited previous convictions.

However, he said it was a joint attack by all three defendants on a “perfectly innocent man”.

Mr Hickey discounted the allegation that a hammer was used because the victim’s injuries were not consistent with such a weapon, but he described the assault as “persistent and prolonged”.

Jailing McGrath for 15 months, he said he was a “violent individual” and there was “no let-up” in his record.

Power was handed a 13-month jail term but both men will be released from prison very soon because of the time they had already spent on remand.

Campbell was given a 12-month suspended prison sentence and ordered to carry out 80 hours of unpaid work. She was also ordered to complete a 35-day rehabilitation programme.