Sheffield thug admits affray after naked customer who damaged his sweet shop was attacked

Javan Swaby, aged 26, of Greaves Street, Hillsborough, Sheffield, attacked the complainant on Pot House Lane, Stocksbridge, after he had damaged the defendant’s sweet shop while not wearing clothes, according to a Sheffield Crown Court hearing.

James Baird, prosecuting, told the hearing on August 4 the complainant had been in Swaby's shop and had damaged a window and pulled stock from shelves while he had been armed with a chain with a padlock and had been reported as being naked.

Mr Baird said: "Mr Swaby was not in the shop but he was informed by the shop manager, and the defendant and an unidentified male went in search of him on Pot House Lane and shouted for him to come out."

The complainant came out with a chain, according to Mr Baird, and a fight ensued and a broom handle was used and the complainant was struck and suffered head injuries.

Mr Baird added the complainant claimed he had been belittled by the shopkeeper.

Swaby pleaded guilty to affray after the incident on March 5, 2018.

Rebecca Tanner, defending, said Swaby had gone to confront the complainant about the damage but he had not intended to get involved in a fight.

Swaby also pleaded guilty to a separate offence of causing grievous bodily harm to a different complainant at The Friendship pub, at Stocksbridge, from the early hours of New Year’s Day, 2019.

Mr Baird said Swaby had been talking to this complainant before he struck him claiming he had been racially abused.

This complainant fell and banged his head suffering a fractured skull and bleeding on the brain, according to Mr Baird, and he has struggled with cognitive, balance and hearing problems.

Ms Tanner said: “On neither occasion did the defendant go out looking for trouble and on neither occasion did he think he would end up in physical confrontation.”

She argued there had been provocation on both occasions and Swaby is remorseful.

Judge Peter Kelson QC sentenced Swaby to nine-months of custody suspended for two-years and ordered him to pay £2,000 compensation.