Gainsborough

Three brothers jailed for ‘disgraceful’ revenge attack in victim’s backyard

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Three brothers who burst into a house to carry out a revenge attack have been jailed at Lincoln Crown Court.

Twins Connor and Ashton Upton together with their older brother Jamie went to their victim’s home in Trinity Street, Gainsborough, aiming to carry out retribution on the occupier Daniel Ayris.

Andrew Scott, prosecuting, said that Connor and Jamie Upton ran through the backyard into the house and attacked Mr Ayris.

Connor Upton grabbed the victim in a bear hug and took him to the ground.

Jamie Upton then produced an iron bar from inside his jacket and began swinging it into the face of Mr Ayris as Connor held down their victim.

Mr Ayris attempted to escape but was pulled back and moments later Ashton Upton arrived to join in the attack.

Mr Ayris was then rugby-tackled and forced onto the sofa where he was struck with an ash tray and then with a television set.

He was also punched to the head and eventually blacked out.

His next memory was of being taken to hospital in a police vehicle.

The attack was broken up by the Upton’s sister when she arrived at the house and told them “That’s enough boys.”

Mr Scott said “Daniel Ayris believed that if the males had not been stopped from attacking him he would have been killed or seriously injured.

“It was a sustained assault that involved not only kicking and punching but the use of a weapon. It was a sustained attack where the intention was to cause more serious injury than was actually inflicted.”

Mr Ayris received hospital treatment for cuts to his head. He also received swelling and bruising to his face.

Ashton Upton later told police: “I enjoyed it but I shouldn’t have done. I could have killed him. I can’t stop myself. I always did enjoy fighting.”

Mr Scott said that earlier the same day Mr Ayris was involved in an incident in which he swung a punch at Connor Upton fearing he was about to be attacked.

Jamie Upton, 22, of Baines Road, Gainsborough; Connor Upton, 19, of Clinton Terrace, Gainsborough; and Ashton Upton, 19, of Aegir Close, Gainsborough; each admitted assault occasioning actual bodily harm as a result of the incident on December 30, 2016.

Jamie Upton also admitted possession of an offensive weapon and was jailed for two years.

Connor Upton and Ashton Upton were each sent to a young offenders’ institution for 20 months.

All three brothers were given a restraining order which bans them from contacting Mr Ayris for five years.

Judge John Pini QC, passing sentence, told them “What happened should never have happened. The three of you took the law into your own hands and exacted retribution against Daniel Ayris. You engaged in an utterly disgraceful sustained assault on a defenceless person.”

David Eager, for Jamie Upton, said he believed his brother had been assaulted and acted on the spur of the moment.

He added: “He is not a feckless young man. He is actually a responsible man. He has held down numerous jobs – all on minimum wage and all on zero hours contracts.

Sunil Khanna, for Connor Upton, said his client regretted what happened and knew that it was wrong.

He said that Connor Upton reacted as he believed he had been the victim of an unprovoked assault.

John McNally, for Ashton Upton, said he was not involved initially but went to the house after being called by his brother.

“When he arrived he saw his brother and weighed in with blows which he shouldn’t have done. He later explained his role with some significant candour.”