JAILED: 12 years for Notts man after leaving elderly pensioner with brain injury

Phillip Kelly
Phillip Kelly
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A heroin user who left a 79-year-old man with a traumatic brain injury following a savage and unprovoked attack has today been jailed for 12 years.

Philip Kelly, 37, followed the victim, who was making his way home after a night out, before attacking him and leaving him unconscious and bleeding heavily.

He then used the victim’s bank card while he was fighting for his life.

Detective Inspector Ed Cook, who led the investigation, said: “This was a vicious, unprovoked attack on a vulnerable man.

“The level of violence used towards him was despicable and it has had a massive impact on his victim, who has been left with life-altering injuries and now needs care, when previously he was a very independent man. Nothing will make up for what  the victim has gone through but I hope he and his family can take some comfort from the severity of the sentence.

“This was a complex and protracted investigation. Officers started the investigation with nothing and have painstakingly pieced together what happened on the night of the offence.

“The victim has shown great bravery by returning home after he was assaulted and remarkably made his own way to the hospital to seek medical treatment. He has also shown continued bravery and determination, supported by his family in his recovery and desire in prosecuting Philip Kelly.

“I hope this sends a positive message out to the public that serious violence offences will be thoroughly investigated by Nottinghamshire Police and severe sentences will be given to offenders.”

The incident happened in an alleyway near the Sea Cadets building in Gateford Road, Worksop, at around 2am on 3 December 2016.

Hours later he went on to fraudulently use the victim’s debit card to make an online fast track purchase of a Samsung Galaxy S7 mobile phone from Argos for £629.55, which he later picked up from the branch in Bridge Street, Worksop.

He then went to Cash Generators, also in Bridge Street, and sold the phone for £280, claiming it was an unwanted Christmas gift.

Kelly also used the card to buy cigarettes from two local shops and made two unsuccessful attempts to buy an Apple iPhone.

Kelly, who was living in Gateford Road at the time of the offence, admitted causing grievous bodily harm with intent to cause serious harm and fraud. He denied a charge of robbery but pleaded guilty to a lesser charge of theft by finding in relation to the victim’s bank card.

Nottingham Crown Court heard the victim, who is now aged 80, had little recollection of the assault and despite being seriously injured he went home to see if he could stop the bleeding, but when he couldn’t he then walked to Bassetlaw General Hospital. He arrived at the hospital at 4.42am on 3 December, where it was discovered he had a fractured depressed skull, bleeding on the brain and a stroke.

He remained in hospital until 28 March and still suffers from the brain injury, which has affected his speech and requires him to have regular home care.

When interviewed by police, the victim said he believed his attacker had left him to die in the alleyway.

Kelly was told he must serve at least two thirds of his 12-year prison sentence at Nottingham Crown Court today (Wednesday 13 December). He will have a further five years on licence after release.