Northampton restaurant owner who battered homeless thief to save charity donation box sentenced

A restaurant owner from Northampton who knocked a homeless man unconscious to save a donation box has been given a suspended sentence.

Adem Atak, 38, of Blenheim Road, Northampton, assaulted the man after he had approached the restaurant discarding several items, including some of his clothing, onto the floor, Northampton Crown Court heard on Thursday (February 10).

The errant display on August 12, 2020 then culminated in the theft of a charity donation box, which staff had reportedly donated their own tips towards.

On leaving the premises, the man was followed by Atak, who then launched his assault just outside the restaurant. The events were recorded on CCTV, which was shown in court.

Jonathan Dunne, prosecuting, said: "He then grabbed him around the neck and threw him to the floor, where he delivered multiple kicks, one of which struck the man in the head, rendering him unconscious."

Fortunately for the man, a team of paramedics just happened to be there to order food, so he was seen to almost immediately.

Mr Dunne added: "The paramedics describe the man as being unconscious for about a minute.

"As to the extent of his injuries, I cannot say.

"After he had come to, he was 'not quite as he was before'. I believe this was consistent with a head injury. He was 'drunk and loud, but not unpleasant'.

"There was blood on the pavement and in his mouth. The female paramedic believed this was due to the man biting his own tongue during the assault. There was also some sort of bruising on his face.

"I know he was taken to the A&E at Northampton General Hospital and handed over to staff there by the very ambulance crew that had seen him."

The victim of the assault 'did not engage with the process' after the incident and declined to give a victim impact statement, the court heard.

Liam Muir, who defended Atak in court, argued that the incident was an outlier for Atak, who had no previous convictions.

Mr Muir said: "I do submit that there are elements of a lesser culpability as Mr Atak was trying to recover a charity box that was precious to him and his colleagues. They had put their own tips into the jar and that would go towards clean drinking water in third world countries.

"This is a moment of madness for someone who has been a productive member of society and a very positive person who's gone above and beyond.

"This is a person who has a positive impact in his community."

His Honour Judge Mayo said: "Your barrister and pre-sentence report paint a very positive picture of you for the work you do at your restaurant.

"There are no doubt times where you must deal with unpleasant behaviour, not just from customers, but people that went in and out of those premises, and have to be nice to them.

"This man not only acted in a very challenging way, but also stole from your property. That must have tested your patience.

"But you accept in your plea that your reaction was totally out of proportion and wrong. You should never kick a person to the head."

Atak was sentenced to seven months in prison, suspended for nine months. He must also complete 50 hours of unpaid work, up to ten rehabilitation days and pay costs.