R v Oliver Davis & Anor

Facts

Oliver Davis and Cory Heath were involved in a violent street incident in the early hours of 29 August 2021 after George Barker and two friends left a nightclub. Mr Barker went to support a friend who was surrounded by a group of men and was thrown to the ground, kicked and punched for about 30 seconds, though he reported no significant injury at that stage. A short time later three of the men, together with an unknown female, approached Mr Barker and his friends again; Heath aggressively confronted him and demanded money for Davis's T-shirt, which had been ripped in the affray. Heath struck Mr Barker to the back of the head, causing him to fall and split his skull on concrete, and both applicants then kicked and punched him as he lay on the ground. Mr Barker required 25 stitches, his skull was fractured, and he later suffered a blood infection requiring a two-week hospital stay. At a plea and trial preparation hearing on 13 April 2026 both pleaded guilty to affray and to unlawful wounding contrary to section 20 of the Offences Against the Person Act 1861, the prosecution offering no evidence on a section 18 count. On 19 June 2026 Her Honour Judge Charles imposed 27 months' immediate imprisonment on each. Leave to appeal sentence having been refused by the Single Judge, the applications were renewed.