A WHITEHAVEN man was brutally attacked by two strangers shortly after he allowed them to borrow his mobile phone.

After one of the men walked away with the man's iPhone, taking it into a house, the victim gingerly followed him inside to ask for it to be returned – but was immediately knocked unconscious, Carlisle Crown Court heard.

He woke to find two men – 39-year-old Neil McLaughlin and 43-year-old David Greggain - assauaulting him and then searching through his pockets to steal his money. When the victim – an Iranian national - asked why they had targeted him, they simply laughed, telling him: “You’re not one of us.”

At Carlisle Crown Court, on the day they were to face a trial, the two thugs admitted theft and a racially aggravated assault causing actual bodily harm.

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Brendan Burke, prosecuting, said the victim had been in New Street in Whitehaven on the evening of October 23 last year, on his way to buy a sandwich, when the two defendants confronted him.

They asked to borrow his phone to make a call.

“To show good will, he allowed them to borrow his phone,” said the prosecutor. “There was a conversation, but the defendants then walked off and into a house with his phone, having not returned it.”

After waiting for a while, the man carefully went into the house through a open door, calling out “hello?” Mr Burke said: “As he entered, he was hit with something – a ceremonial sword – to the side of the head.

“He was hit with the sword’s handle.”

The man immediately lost consciousness but quickly came round. “Both defendants were there,” said Mr Burke. “They started hitting and kicking him; there were blows all over his back, and to his kidneys.

“He asked them why they were hitting him and they responded by just laughing. They threatened to kill him with the weapon.”

The attackers then did explain their choice of victim, saying: “You’re not one of us; you don’t look like us.” The man was terrified, fearing he would be killed, as his attackers took all his money – between £280 and £300.

Desperate to get out of the house, the man said he had more cash at home, prompting McLaughlin to escort him back to his address nearby.

But on the way, the victim - his face bloody and his nose broken - was able to raise the alarm. As he sat in a police vehicle talking to an officer, McLaughlin approached and deceptively asked: “What happened to you?”

Mr Burke outlined the profound impact of the attack. The victim was left depressed and hyper-anxious. “He describes himself as not the same person,” said the barrister. The man was no longer able to work.

Both defendants have long criminal records: McLaughlin’s 44 previous offences include convictions for violence and having offensive weapons while Greggain’s 64 previous convictions include public order crimes and deception, as well as violence and offensive weapons offences.

Arthur Gibson, for McLaughlin, of Queen Street, Whitehaven, said that when sober the defendant could be a benefit to himself and to society. But on the day of the offence, he had been on a “48-hour bender.”

“The result is that he is standing before your honour,” Mr Gibson told Judge Nicholas Barker. The barrister added: “But there is another side to him.”

June Greenhalgh, for Greggain, of Jefferson Park, Whitehaven, said he had a history of drug abuse and this explained his criminal record. The barrister added: “The good news is that since he’s been in custody, he’s brought his drugs habit under control.” 

The offence was committed against a tragic background, with his partner having passed away in May. The barrister said this had a “significant impact” on the defendant. She added: “He found himself at a very low point in his life and was living a chaotic lifestyle and making very poor life choices.”

Judge Nicholas Barker noted that the entire incident – lasting around three hours – had been prolonged and persistent, and borrowing the phone was simply an excuse because the men wanted to steal it, said the judge.

 “This was an unpleasant attack,” added Judge Barker. He jailed both men for three years. Both men were originally charged with robbery but the prosecution accepted guilty pleas to the alternatives theft and assault charges.

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