Two jailed over bank card killing

Two men who "brutally attacked and killed" their friend after wrongly accusing him of stealing a bank card have been jailed.

Jonathan Hutty, 49, was found with a severe head injury inside a flat in Padstow House, Hull, on 24 February following a "violent assault". He died in hospital 16 days later from his injuries.

At Hull Crown Court, Ian Smalley, who admitted murder, has been sentenced to life in prison with a minimum term of 17-and-a-half years.

Gavin Leaning was jailed for 13 years after he was convicted of manslaughter last week following a four-week trial at the same court.

The court heard Smalley, 54, of Hutt Street, Hull, used a knuckle duster in the attack and he, along with Leaning, had kicked the victim in the head, punched and stamped on him until he was unconscious.

Prosecutor Michelle Colborn KC said Smalley had lost his bank card two weeks before the killing and had wrongly accused Mr Hutty after it had been used by Leaning.

Smalley became increasingly agitated and angry over the ensuing days before visiting Mr Hutty's flat with Leaning where they carried out the attack.

"Mr Hutty was on his own and defenceless, said Ms Colborn.

Sentencing the pair, Judge Penelope Moreland said the severity of Mr Hutty's multiple injuries were similar to that of someone falling from a building several stories high.

The attack was so violent that it left Smalley with a foot injury, the court heard.

Judge Moreland told the pair "neither of you showed the slightest bit of remorse".

"You both said he was a friend but I don't see any evidence of that," she added.

The judge said Leaning had used Smalley's bank card and he "became increasingly fearful" that his friend would become angry at him, so pointed the finger of blame at Mr Hutty.

A victim impact statement by Mr Hutty's sisters was read out in court by the prosecutor, and described their sibling as "happy go lucky" who always helped people "no matter what".

They explained how they "lost a kind, caring brother because of the needless violent actions" of Smalley and Leaning.

The court heard the pair had a string of previous convictions. Smalley's previous crimes, dating back to the late 80s, included assault, arson, burglary and theft.

In mitigation, Smalley's defence barrister Peter Moulson KC said there was a degree of remorse by the defendant over the death of his long-standing friend.

Smalley, of Hutt Street, Hull, initially denied murder but admitted the charge when he changed his plea two days into the trial.

Leaning, 51, of Padstow House, Hull, pleaded not guilty to murder and manslaughter but was convicted of the latter charge by a jury last week.

A third man, Leon Smith, 23, of Grasby Road, Hull, denied murder and manslaughter but was acquitted of both charges.

All three were originally arrested on suspicion of grievous bodily harm but later charged with murder following Mr Hutty's death.

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