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Battered landlord provoked attacker’

PUBLISHED: 11:28 19 March 2008 | UPDATED: 09:59 12 August 2010

A LICENSEE brought some of the trouble on himself when he was beaten up after confronting a group of men outside his pub, said a judge last Friday.

A LICENSEE brought some of the trouble on himself when he was beaten up after confronting a group of men outside his pub, said a judge last Friday.

For that reason, the judge decided not to impose an immediate jail sentence on Daniel Grady, 30, who had kicked landlord Danny Foley while he was on the ground.

Grady, of Chamberlain Crescent, West Wickham, was found guilty last month of causing actual bodily harm to Mr Foley.

Mr Foley of the Selsdon Arms, Croydon, had gone with about 12 people to celebrate a birthday in a nightclub.

There had been a spot of bother, he told the jury, when Grady embraced Mr Foley's wife Michelle and squeezed her bottom.

This led to an incident, after which Mr Foley, his wife and some of the group returned to his pub in the early hours.

There, they were having a final drink when there was a tap on the side window.

He went outside and saw three men .

He alleged he was brought to the ground and was kicked by Grady a number of times..

Grady was the only one convicted of three men who faced similar charges.

The other two were acquitted, one on the orders of the judge, and the other on a jury verdict.

Judge Warwick McKinnon at Croydon Crown Court said that Mr Foley had clearly been in a bad way after the attack.

"But he brought a lot of it on himself," he said. "This was drunken violence, just the sort of thing that causes great public concern."

There was, he added, some provocation, where witnesses spoke of Grady being hit by Mr Foley in the club, but there had been a cooling-off period between the incident and reaching the pub

The judge said that, in view of the mitigation in this somewhat unusual case, he felt he could exercise a degree of mercy.

He did not accept a claim that Grady had kicked Mr Foley a dozen times, but there had certainly been one kick.

Grady was given a 10-month prison sentence suspended for two years and he will be under a supervision order for 18 months.

He must also do 100 hours unpaid work and he will be on an 8pm to 6am tagged curfew for the next six months.

He was also ordered to pay £1,300 costs.

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