Sheffield judge warns two brothers they face deportation over vicious street attack on neighbour

Sheffield Crown Court heard on September 16 how Rudolph Kroscen, aged 23, and Ludovik Kroscen, 18, both of Avondale Road, near Masbrough, Rotherham, admitted causing grievous bodily harm with intent after the incident on May 23.

Judge Graham Reeds QC said a dispute between the defendants’ family and a neighbour, Scott Hendry, spilled over into serious violence and it was captured on CCTV.

He added: “I have no doubt that you, Rudolph Kroscen, started the violence by punching Scott Hendry as he passed your house.”

Judge Reeds said he could not rule out Mr Hendry may have said something offensive before he was punched and retaliated with a fight spilling into the doorway of the brothers’ family home.

He accepted Ludovik Kroscen thought his brother or their family was under attack but the violence escalated.

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Judge Reeds said: “What happened next is that five people came out of the house and four of them including you two set about Scott Hendry. Four people on one.

“He was punched and kicked by all of you. When he was put to the ground he was stamped on.

“When his partner came out to help – holding a metal pole – the pole was taken off her and she was dragged away by your mother.

“Then you, Ludovik Kroscen, hit him with several blows with the metal pole followed by eight or so powerful kicks to the head.

“As you did this he was still being attacked by the rest of the group.”

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The court heard the attack was stopped as other neighbours came out and one witness believed Mr Hendry could have been killed.

Mr Hendry suffered multiple abrasions and tenderness around his face and body and bleeding into the membrane of his brain and he was taken to hospital by ambulance.

He stated that he has since suffered with anxiety and he has had to move home.

Slovakian-speaking Rudolph Kroscen and Ludovik Kroscen, who have no previous convictions, pleaded guilty to causing grievous bodily harm with intent.

The court heard both defendants have learning difficulties and have been described as being in the bottom one per cent of the population for overall intelligence and mental function and Rudolph Kroscen has also been suffering with an adjustment disorder.

Judge Reeds told the defendants: “Either of you could have stopped at any time but you carried on until the neighbour came out and stopped it.”

He sentenced Rudolph Kroscen to three years of custody and he sentenced Ludovik Kroscen to two years and six months behind bars.

Judge Reeds explained Ludovik Kroscen received a reduced sentence because of his younger age but because he had been the one who used the metal pole this sentence could not be further reduced.

He said both brothers will be liable for deportation upon their release after serving half of that sentences and if they are not deported they will remain under licence for the remainder of their prison terms.