A COUPLE of brothers from Denbigh were spared jail after they inflicted an “unprovoked attack” on a man at a Rhuddlan retail park.

Ryan Kelly, 27, and Gavin Kelly, 37, both of Llewelyns Estate, were each sentenced to two years’ imprisonment, suspended for the same time period, at Mold Crown Court today (May 19).

They are each to pay the victim of the attack, 60-year-old Robert Godfrey, £1,000 in compensation.

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Prosecuting, David Mainstone told the court that, on May 11, 2021, Mr Godfrey, 58 at the time, was driving along Rhuddlan Road when his vehicle was hit by another from behind.

The force of the impact was so great that Mr Godfrey’s vehicle spun around, and he struck his head on the headrest, causing bleeding.

He decided to follow the car which had hit his, which lead him to Clwyd Retail Park, where he saw two males stood by a bus stop.

Mr Godfrey suspected them to be the culprits, but they denied involvement when he asked them.

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As he returned to his vehicle to retrieve his phone to photograph the men, he found that one had disappeared by the time he returned.

He then pulled his own vehicle up alongside a Vauxhall Astra car, in which he could see the man who had been at the bus stop but then left.

Mr Godfrey accused them of driving into the back of his car, and told them he was going to phone the police.

Ryan Kelly retaliated by picking up a beer bottle from a footwell in the car and trying to strike Mr Godfrey with it, before Gavin Kelly grabbed Mr Godfrey from behind.

Then, Ryan Kelly struck Mr Godfrey to the head with the bottle, causing his skin above his left eye to split .

Mr Godfrey fell to the floor, after which the two brothers kicked and punched him to the head and torso.

Lloyd Nash, an off-duty police officer, witnessed the attack, but was ignored by the brothers after shouting at them to stop.

He helped Mr Godfrey to his feet before taking hold of Ryan Kelly and telling him he was under arrest, but was unable to stop Gavin Kelly from walking away.

Ryan Kelly called Mr Godfrey a “c***”, and told PC Nash: “You let my brother go. Why don’t you let me go?”

A uniformed officer arrived and took Ryan Kelly to a police station, where he said the accident occurred because Gavin Kelly, driving, was looking behind him at his friend in the rear of the vehicle.

Mr Godfrey had also assaulted him, Ryan Kelly alleged.

The injuries sustained by Mr Godfrey from the attack included bruising and swelling around his left eye, and neck and back pains.

On July 24, 2021, PC Nash was on duty in Rhyl when he recognised the brothers at Rhyl’s bus station.

By then, Gavin Kelly had still not been arrested in relation to the attack, but was, on suspicion of wounding, a short time later.

Defending Gavin Kelly, who had 11 previous convictions for 19 offences, Richard Edwards said he was “not making excuses”, or “trying to justify” his behaviour.

He and his brother had both suffered the loss of their mother six months prior to the incident, and their father then died not long after.

Gavin Kelly had also separated from his long-term partner shortly before the incident, and was “going through a particularly difficult period in his life”.

Since then, he has been “turning his life around”, having “cut alcohol from his life”.

He has also been diagnosed with attention deficit hyperactivity disorder, anxiety and depression.

Defending Ryan Kelly, who had five previous convictions for 11 offences, Simon Rogers described him as “polite, well-mannered and punctual”.

Ryan Kelly has not re-offended in the two years since this incident, and “appears now to be making real progress in his life”, working as a parcel sorter.

Sentencing, Judge Nicola Saffman also ordered Gavin and Ryan Kelly to complete 40 and 10 days’ rehabilitation activity requirements respectively.

They will both also undergo a 120-day period of monitored alcohol abstinence, and will each pay a £156 statutory surcharge.

Judge Saffman accused the brothers of having “battered and beaten” Mr Godfrey, and that their mother’s death was not an excuse for the “prolonged”, “appalling”, “unprovoked” attack.

She told them: “It’s clear to me that, at that time in your lives, you were out of control.

“The only thing which has kept you out of prison is that, within you pre-sentence report interviews, both of you were absolutely clear that you had genuine remorse for what you had done.”