Footballer headbutted rival 'for wasting time'

12:23pm Sunday 16th March 2008

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A FOOTBALLER who headbutted a rival player during a match has narrowly avoided being jailed.

Chef Bryan Herbert, 22, struck opponent Paul Corbishley after the victim kicked the ball away to waste time a minute from the end of the match as his team was winning, Burnley Crown Court had earlier heard.

Herbert then walked off, leaving him bleeding and continued making threats.

The defendant, of Clough Road, Bacup, had earlier admitted assault causing actual bodily harm last July.

He was given six months in jail, suspended for a year, with 12 months supervision, 200 hours unpaid work and must pay £500 compensation.

Sentencing, Recorder Andrew Long told the defendant the assault was serious and as a result of minimum provocation.

He said there was no doubt such assaults should always attract a custodial sentence, particularly in the light of the defendant's poor record.

David Tempkin, prosecuting, had earlier told the court Herbert was playing for Pennine Rangers and Mr Corbishley for Waterfoot Social Club at Fearns High School, Stacksteads.

Towards the end of the game the victim's team scored a goal and they were winning 3-2 with only a minute to go.

To waste time, by his own admission, Mr Corbishley kicked the ball away and Herbert swore and shouted: "What's he done that for?"

Mr Tempkin said the match carried on and the victim told him to stop whingeing. Herbert threatened to knock his opponent out, then turned to face the victim and headbutted him.

Mr Corbishley, who was bleeding, tried to ask the defendant why he had done it but Herbert continued to threaten he would knock him out.

The prosecutor said another witness heard the defendant say: "Well, he shouldn't have kicked the ball away should he?"

The match was abandoned and Mr Corbishley, who had suffered a T-shaped laceration in the middle of his forehead, had his injury glued at hospital.

Herbert was arrested and interviewed and claimed Mr Corbishley had gone to headbutt him so they had clashed heads.

The court was told the defendant had previous convictions for assault and affray and had served 22 months behind bars. He had earlier punched a man in the face and knocked him unconscious with an accomplice, causing the victim to suffer bruises to his face and a swollen nose.

Michael Lavery, defending, said the offence took place in the heat of the moment when there was a confrontation. Herbert worked five days a week.