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Thug is jailed after 'devastating' punch.

Byline: Ross McCarthy Court Reporter

A LAUGHING thug left his victim with devastating brain damage - after the lout was politely asked to stop sitting on his car.

Kyle Smith, pictured, smiled as he walked away from the "lifeless" body of Stuart Burgess, Birmingham Crown Court heard.

The 63-year-old victim suffered a fractured skull and bleeding on the brain.

Even two months after the attack, he could only communicate by pointing at a chart.

Jailing Smith for three years, Judge Patrick Thomas QC told him: "The consequences could hardly have been more severe had you actually killed him.

"You punched him with full force in the face and, as does happen so dreadfully often, he cracked his skull.

"He very nearly died. Immense efforts have been made to save him. He was left significantly and vastly brain damaged."

Smith, 21, of Britford Close, Maypole, had previously admitted inflicting grievous bodily harm. James Bruce, prosecuting, said Mr Burgess noticed Smith sitting on his car bonnet as he visited the Bouncing Bears nursery in Yardley Wood, where he was the landlord, on July 2. Mr Bruce said Mr Burgess was "calm, polite and not aggressive" as he asked Smith to get off the car.

He went on: "The defendant drew his fist back and punched Mr Burgess straight in the face.

"He punched him so hard he knocked his glasses off.

"Witnesses close to the two men heard a thud and a crack before Mr Burgess even hit the ground.

"The defendant's reaction was telling. He smiled and he laughed and he walked off."

Mr Bruce said witnesses saw Mr Burgess fitting and frothing at the mouth.

Raglan Ashton, defending, said Smith bitterly regretted what he had done.

He said the defendant had not gone in search of Mr Burgess and the pair had been walking towards each other when Smith delivered the blow which had such "terrible consequences".

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Title Annotation:Features
Publication:Birmingham Mail (England)
Date:Dec 26, 2013
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