Two cousins were today behind bars for a double crowbar and chisel attack in a takeaway food queue argument.

Traveller Brian Smith, 24, smashed a crowbar on to the head of victim David Hyde from behind and Christopher Smith, 30, threatened others with a chisel, York Crown Court heard.

"There was deliberate arming of yourselves with vicious weapons," Recorder Geoffrey Marson QC told the pair. He told the younger man: "It was quite a vicious blow that was full force, I am entirely satisfied, with a wicked weapon and it caused a full- depth wound, which miraculously didn't cause a fracture of the skull."

He jailed Brian Smith, formerly of Rockingham Avenue, Tang Hall, for three and a half years for causing grievous bodily harm with intent.

Christopher Smith, of James Street, off Hull Road, York, was jailed for nine months for affray. The judge also ordered him to serve concurrently an earlier nine-month suspended sentence for handling stolen goods. Both men admitted their latest offences on the day of their trial.

Brian Smith has previous convictions for robbery and a public order offence.

David Bradshaw, prosecuting, said the dispute began in a queue at a city centre Kentucky Fried Chicken shop on April 9, 1999.

Although it was not clear how it began, Brian Smith armed himself with two crowbars and Christopher Smith with the chisel before they joined in. Mr Hyde suffered a 7 cm wound at the rear of his head which reached his skull.

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