THE wife of distraught assault victim Chris Gregory said today the sentence given to his attacker showed there was "no justice" when it came to dealing with "yobbos who go out and hurt innocent people".

Magistrates gave the 15-year-old a 12-month referral order - despite the fact that last autumn police warned or reprimanded the boy for two previous outbursts of street violence - including one in which he threw a bicycle at a 57-year-old man.

Mr Gregory told the Evening Press the decision was "beyond belief".

"I'm now awaiting triple heart bypass surgery which was brought on by what happened and I've lost my job," he said.

"It (the sentence) has sent a message out to people that they can do what they want. It is time the streets were given back to ordinary people so that people can feel safe once more."

He is receiving support from Acomb man Doug Unwin, 57, who was also the victim of an attack by a group of youths, which left him scarred for life after he was struck on the head with a scooter, and also had a bicycle thrown at him.

"I'm staggered by the decision," Mr Unwin said. "We've been let down by the criminal justice system in breathtaking fashion."

Mr Gregory's wife, Sandra, said: "What grieves me is that if Chris had hit back, he would be in prison by now. There is absolutely no justice when it comes to these yobbos who go out and hurt innocent people."

Inspector Christine Longmore, of York Police, said Mr Gregory acted "courageously" in trying to tackle the youths. "This penalty does not appear to reflect the severity of this attack," she said. "We can appreciate how disillusioned and upset Mr Gregory, his family and other members of the community will feel about this."

Mr Gregory, who worked as a maintenance technician at a secure home in Market Weighton, said his employer had been very understanding, but had been forced to let him go because of his heart condition. He will undergo the heart surgery later this year.

On December 27, less than an hour before the attack on Mr Gregory, 56, in Beckfield Lane, Acomb, the boy had fought 66-year-old Peter Saword when he tried to stop the boy and his gang vandalising Christmas decorations on The Green in Poppleton.

York Youth Court gave the boy a 12-month referral order, and ordered him to pay Mr Gregory £3,500 compensation and Mr Saword £100. He must also pay £35 compensation for his vandalism and £150 court costs. Because he is 15, his parents must pay.

Senior magistrate Helen McBride told the boy: "Your behaviour was out of control."

She said the boy had already signed an antisocial behaviour contract, under which police and the authorities monitor his actions closely.

The boy from Acomb, who cannot be named for legal reasons, told the court: "I think it (the events of Dec 27) has changed me. I want to apologise to the families and to the victims of that day. If there is anything I can do to help them, I will."

He pleaded guilty to causing grievous bodily harm, two charges of criminal damage, assault, attempted burglary, burglary of the garage of Mr Gregory's neighbour and theft of a 12-year-old boy's bicycle, all on December 27.

Prosecutor Jane Cook told York Youth Court the 15-year-old was one of seven youths committing numerous offences for a period of two hours on the afternoon of Saturday, December 27.

She said Mr Gregory only survived because a doctor with a defibrillator was passing at the time. Hospital tests revealed a previously undiagnosed heart condition, said Ms Cook.

For the boy, Sandra Keen said he had changed his lifestyle, stopped going around with the gang and started a work placement.

The violent history of Chris Gregory's young attacker

September 4, 2003

Punched a 58-year-old man in the face and his 14-year-old son in the head while out of school at lunchtime. The boy said afterwards the other two were assaulting his friend and the son had assaulted him a year earlier. Reprimanded.

October 22

Threw bicycle at a 57-year-old man who is set upon by the 14 or so youths with the boy. Boy said afterwards the man was being threatening and singled him out as he tried to move the group from outside his house. Final warning for causing actual bodily harm.

December 27

All committed when with a gang of six other teenagers.

1pm. Threw full watering can through window of St Everalda's Church, Poppleton.

1.50pm. Pulled lights off Christmas tree on Poppleton Green and started throwing them about.

Waved arms at pensioner Peter Saword, who tried to stop the vandalism and grabs him round the arms. When both fell to the ground, the other youths kicked Mr Saword.

The teenager later acted as look-out while gang tried to steal a bicycle from a shed in Main Street, Poppleton.

After 1.45pm. He stole a 12-year-old's bicycle from Millfield Lane to give to his friend. Before 2.30pm. He burgled a garage in Beckfield Lane to get another bicycle. He punched Chris Gregory in the face as Mr Gregory tried to stop the burglary.

What is a referral order?

A youth court can impose a referral order for up to 12 months. The only other option it has when dealing with a child under 17 facing a first court conviction is custody. It can include any conditions the court wishes.

Under such an order:

The child and their parents must attend meetings of a youth offending panel drawn from local community members and work at changing their behaviour

The child may have to carry out some tasks to benefit either the victim or the community as a whole

The child may have to attend mediation sessions with their victims

The Evening Press applied at an earlier court hearing to have the restrictions preventing the naming of the youth lifted. We made the application because of the seriousness of the case, but the magistrates refused our request without giving reasons.

Updated: 12:05 Saturday, May 08, 2004