A THUG whose loutish behaviour led to him being banned from York is today starting 33 months in jail for street violence in his new town.

Daniel Holmes, 18 and formerly of Acomb, and his 17-year-old accomplice kicked or stamped five or six times on the head of Philip MacKay, a man with learning difficulties, said Tom Storey, prosecuting at York Crown Court.

They boasted about what they had done in a friend's house before going out again into the night streets.

Shortly afterwards they met Mark Blackburn, who was making his way home.

Holmes punched him, threatened to pull a knife on him, although he didn't have one on him, and knocked him to the ground. Then he and his accomplice kicked or stamped on his head with their feet and took his mobile phone charger. After walking away for a short distance, they returned to kick him again. As they finally left, one of them said: "I think we have killed him."

But Mr Blackburn survived the attack, although he had breathing difficulties and needed antidepressants and painkillers.

Both the attack on him and Mr MacKay, who has a mental age of 12, were late at night on August 15 in Selby, where Holmes set up home in a hostel when magistrates exiled him from York under an antisocial behaviour order, which also included conditions that he did not commit any violence.

Holmes told the Evening Press last autumn how he was addicted to crime and branded the youth justice system a joke, saying he had committed hundreds of crimes safe in the knowledge he could not be touched because of his age.

He was banned from York under a criminal antisocial behaviour order earlier this year after York magistrates heard he had been responsible for causing "absolute mayhem" in the city.

Holmes, most recently of Cygnet House, Church Hill, Selby, admitted robbing Mr Blackburn, unlawful violence on Mr MacKay and two breaches of an antiscocial behaviour order (ASBO) and was jailed for two years and nine months.

The 17-year-old from Selby, who cannot be named for legal reasons, was given a 12-month detention and training order. He admitted unlawful violence and robbery and breaching a supervision order.

Judge Peter Benson called both attacks "mean offences" on vulnerable people and said Holmes had played the leading role in the attack on Mr Blackburn.

Holmes's barrister Andrew Semple said alcohol fuelled his crimes and had led to his parents turning him out of their home. What support he had had was lost when he moved to Selby. He was remorseful for his crimes.

For the 17-year-old, David Cadman said he had a difficult upbringing and had used Ecstasy and crack cocaine.

Mr Storey said the pair's violence began on August 15 when they met Mr MacKay. He escaped with "no particular injuries."

Updated: 10:17 Tuesday, November 30, 2004