A MAN who swung punches in a street fight that saw a teenager stabbed in Evesham has narrowly avoided jail. 

Matthew Duncan, of Shepherds Rise, Droitwich, brought a bag to Worcester Crown Court as he knew he was at risk of going to jail. 

The 24-year-old was sentenced for affray when he appeared at the court on Wednesday, (October 5). 

Thomas Duggan, prosecuting, said: "Fifteen men were fighting in the street.

Worcester News: COURT: Matthew Duncan leaving Worcester Crown Court. Picture: NewsquestCOURT: Matthew Duncan leaving Worcester Crown Court. Picture: Newsquest (Image: Sam Greenway/Newsquest)

"When police arrived (a man) had been stabbed.

"Mr Duncan punched one gentleman in the throat area, and continues to fight, swinging multiple punches."

The court was shown footage of the brawl, which lasted more than five minutes and took place outside the Old Swanne Inn pub at around 10.40pm on August 6.

Worcester News: COURT: Matthew Duncan appeared at Worcester Crown CourtCOURT: Matthew Duncan appeared at Worcester Crown Court

The prosecutor said Duncan had been identified from the CCTV, and gave no comment answers to questions in police interview. 

Mr Duggan added Duncan had 24 previous convictions, including three battery offences in 2010, 2014 and 2016.

Sam Lamsdale, defending Duncan, said he had "foolishly" got involved with people he had been living with at the time, and followed them into getting involved in the fight. 

"He does regret that now," Mrs Lamsdale said. 

"The pre-sentence report says he was used and exploited by people involved in the incident."

Mrs Lamsdale added Duncan had a "difficult childhood", has PTSD, mental health issues and had been diagnosed with asperges and ADHD.

 

Judge tells Matthew Duncan he came close to being sent to jail

 

Sentencing Duncan, Judge James Burbidge KC said people who took part in fighting on the streets of Evesham should expect to go to jail, but he did see it was an "exceptional case". 

The judge said: "This was a serious offence, an individual was stabbed.

"You were seen punching one man - the melee continued for some time."

The judge gave Duncan an eight-month jail sentence, suspended 12 months.

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Duncan was given a curfew, which means he must stay at his Droitwich address every night for the next two months. 

Duncan was also ordered to complete 30 rehabilitation activity requirement days, and told to pay costs of £340.

The judge added: "You came perilously close to prison.

"This is your last chance."

Duncan's guilty plea for possession of an offensive weapon in a public place was vacated, so he was only sentenced for affray.

  • Co-accused Andrew Nicklin, 22, of Mill Street in Evesham, has previously appeared at Worcester Crown Court on counts of affray, possession of a bladed article in a public place and of wounding with intent.

He is set to appear at the court on December 19.