A pub-goer who delivered a fatal punch to a 66-year-old grandfather following a confrontation outside a drinking establishment has been sentenced to 10 years imprisonment for manslaughter.
Court Details
Leicester Crown Court heard how Nathan Gothard, 37, struck David Darke to the pavement near the Crown Inn in Appleby Magna, Leicestershire, just days before Christmas last year, resulting in a fractured skull. Gothard was acquitted of murder but found guilty of the lesser charge of manslaughter earlier this month following approximately two and a half hours of jury deliberations.
Judge's Remarks
Handing down the sentence at the same court on Friday, Judge William Harbage KC described the victim, who succumbed to brain injuries in hospital, as a "much-loved" father of three daughters and an "inspiration to his family for whom Christmas will never be the same again". He told Gothard: "You punched him so hard that he was unconscious before he had hit the ground. Your punch caused a bruise to his chin but the consequences of your punch were the severe brain injuries which killed him. This was a tragic, senseless and unnecessary act of fatal violence. If you had gone home when you were encouraged to do so, David Darke would still be alive and you would not be in the dock. You were the aggressor in this and you were not acting in self-defence at any point."
Incident Background
During Gothard's trial, prosecutors stated the atmosphere in the Crown Inn on the evening of December 21 was menacing and threatening due to Gothard's conduct. He had made "unwelcome advances and remarks" towards women in a group with Mr Darke, who had been at their staff Christmas party, and made it clear "it was his terrain – they were in his pub", the court heard. Following his removal from the premises by the landlady and her partner, Gothard became involved in an altercation with a man named Ty Fern, whom he had been "riling and niggling" inside the bar.
Altercation Escalates
Gothard was knocked to the floor and kicked before Mr Darke, a skilled engineer, assisted him to his feet, prosecutor Peter Joyce KC said. Mr Joyce had told jurors in his opening speech: "The defendant, in his rage, after losing the fight he had picked, attacked Mr Darke to save his own face." Gothard, of Church Street, Appleby Magna, told the court he feared Mr Darke, who he claimed "threatened to bury me and put me in the ground".
Family Impact
All three of the victim's adult daughters delivered victim impact statements to the court, with one characterising her father as a "courageous, kind and honest" man who would not turn a blind eye to wrongdoing. In a statement released following the sentencing, the victim's relatives said: "Our family has finally seen the person responsible for Dave's death sentenced. Although the sentence shows some accountability, no sentence will ever truly reflect what has been taken from us. Dave's only 'crime' that night was stepping in the way of a thug intent on harassing the women and antagonising the men in the group."
The family added: "We have had to endure the unimaginable. We watched Dave's life support being turned off and then sat through a trial with every painful detail of his final hours repeated in court. No family should ever have to experience that. Dave continued to help others. Through organ donation, at least four people have been given a chance of life. That says everything about the kind of man he was - even in death, he gave to others."
Police Statement
Detective Inspector Kevin Hames, from the East Midlands special operations unit (Emsou) murder investigation team, said: "Dave's family's words are humbling to read. They have shown immense courage throughout the last five months. Gothard had every opportunity to walk away but he chose to remain outside the pub and his actions that day have devastated a family. They will now need to navigate their lives without their loved one. On behalf of the team, I would like to thank them for their courage and understanding."
