Young Milton Keynes man who violently mugged stranger is spared jail after becoming a dad

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The judge heard he was primary carer for the newborn baby

A young man who kicked and punched a stranger in the street to steal his wallet has been spared jail after the judge heard he had a new baby to care for.

Benjamin Elfasi, aged 25, from Two Mile Ash, had been out with a friend when they attacked a man who was walking home. They chased him down the streets and kicked him repeatedly while he wason the floor.

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The two men, who were 22 at the time, did so to steal his wallet - which had only a £5 note in it, the court heard.

The court heard the defendant was primary carer for a new babyThe court heard the defendant was primary carer for a new baby
The court heard the defendant was primary carer for a new baby

Mr Recorder John Law, sentencing at Aylesbury Crown Court, told Elfasi: "You and the other person you were with at the time were punching and kicking a man while he was slumped and on his knees, on the floor.

"To kick someone who is on the floor, even if not on the head, is a serious matter.

"It is fairly shocking and understandably the victim in this case expressed how he was scared and suffered psychological harm as a consequence of the attack. It seems you were playing a leading role and alcohol was involved, which makes matters worse for you - not better."

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Keith Hadrill, prosecuting, told the judge: "On April 21, 2019, at around 3 in the morning, the complainant came out of a nightclub where he had been with his friends in Milton Keynes.

"He was approached by the defendant who asked him why he was staring at his car. The complainant apologised and said he did not stare at the defendant's car.

"He was then attacked and chased down the streets. He was punched repeatedly and Elfasi kicked him while he was on the floor, several times, causing him to become unconscious."

CCTV footage of the attack was played in court. It showed Elfasi and his friend kicking the victim repeatedly while he was slumped on the floor and unresponsive.

Elfasi admitted one count of robbery.

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Katie Jones, representing him, told the judge her client had since taken the necessary steps to better himself.

She said: "The man who stands in court today is entirely different from the man he was four years ago. Mr Elfasi is not a danger to the public and there is a realistic prospect of rehabilitation."

The judge agreed Elfasi did not need to go to prison as he had expressed genuine remorse and had not re-offended since this incident. He also took into account the fact that Elfasi was now in a stable relationship and the father of a new born of which he is a primary carer.

Mt Recorder Law told him: "You are now 25 and you have done a lot to take your life away from potential criminality. For this reason, I do not consider that immediate custody is essential in this case.

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"You have been fortunate in this exercise and you should remember you have just come to the right side of the line."

Elfasi received a sentence of two years imprisonment, suspended for two years.

He will also have to carry out 250 hours of unpaid work, attend 25 days of rehabilitation activity and abstain from drinking alcohol for 90 days.