A man who “saw red” and swiped the legs of another man causing him to land hard on the ground, fracturing his shoulder, has been spared jail.

Michael Moore, 31, was out celebrating his birthday in Hull city centre when he got into an argument with a 49-year-old man while queuing to get into a bar in December 2018.

Moore told police he was punched by the victim outside Propaganda and went after him as the victim made his way to the taxi rank outside Hull Paragon Interchange.

Prosecuting barrister Camille Moreland told Hull Crown Court Moore “swiped the victim’s legs” causing him to land hard on the ground and “a crack” was heard.

She said: “At around 3am the victim was in the queue at Propaganda and so was the defendant. There was a dispute between a woman and the defendant. She thought he pushed in.

“The victim intervened and formed the view the defendant had something concealed in his pocket and he asked to see it.

“The defendant declined to do so. The victim pushed the defendant but Moore later told police he that it was in fact a punch.

“The victim walked away from Propaganda towards the taxi rank at Hull Paragon and the defendant followed him. He grabbed his hoodie and swiped the victim’s legs from under him causing him to fall to the floor.

“He landed backwards and landed hard on the right shoulder and heard a crack.”

Pictured is a generic exterior of Propaganda.
Pictured is a generic exterior of Propaganda.

Nearby police officers intervened in the scuffle and escorted the victim home whereas Moore was sent on his way.

While at home, the victim realised his injury was more serious than first thought and he was taken to hospital by his partner. He had suffered a four-part fracture in his shoulder.

The victim could not have surgery to repair his shoulder due to his health and age.

“He has not had the surgery and he still has quite significant pain and poor function of his shoulder,” said Ms Moreland. “He also received bruising to his head and body.

“In his victim personal statement he said he was in agony all the time and not sleeping.”

Moore, of Kingfisher Court, off Thwaite Street in Cottingham, has 26 previous convictions from 49 offences from 2001 to 2016, most of which took place in his youth.

Watch: UK crime sentencing guidelines

He appeared at Hull Crown Court on Tuesday (June 2) to be sentenced for causing grievous bodily harm with intent.

Judge David Tremberg said the victim had a “rocky” start with the courts but had shown in recent years that he had “the capacity to keep out of trouble”.

“Your record shows that in your youth you had a capacity for violence. Albeit, it is also right to observe that in recent years you appear to have settled down a lot.

“It is nonetheless troubling to see as this case demonstrates you still had it within you to react to certain situations with unlawful violence.

“On the night, you were out celebrating your birthday. You got into an argument with the complainant. He headed off and that should have been the end of it.

“But you saw red. You tripped him up and ended up rolling with him on the floor causing him quite serious harm.”

Hull Crown Court

We have launched a new Facebook group to bring you all the latest news from Hull's courts.

Whether it's Crown Court or Magistrates Court, our group will bring you all the latest updates as criminals are brought to justice.

To join our Facebook group, click here.

Judge Tremberg told Moore “there is good in you” and that he had the capabilities of living a “crime free life” and sentenced him to 15 months in prison, suspended for 15 months.

“I sentence you on the basis you have not been in trouble since and you have demonstrated in recent years your capacity of a crime-free life.

“You have formed responsibilities both as a father and carer and you are in work and there is some good in you.

"For all those reasons it seems to me that the court can draw back and pose a sentence which deals with you in the community.”