TWO men have been told they are lucky to have not killed a man and to be spared jail after a group fight broke out near a Chard pub.

Krystof Drobek, 21, of Coker Way, Chard, and Jaroslaw Toczek, 27, of Henson Park, Chard, had previously pleaded guilty to attacking two brothers in May of last year.

They were both jointly charged that on May 7, they unlawfully and maliciously inflicted grievous bodily harm on Artur Kula.

They were also alleged to have jointly assaulted Daniel Kula causing him actual bodily harm.

The pair, who are half-brothers, appeared at Taunton Crown Court today (February 22) to be sentenced for the attacks.


Prosecuting Caroline Bolt said: “On May 6, the two Kula brothers went out in the evening with a friend. At 2am on May 7, they left the Phoenix pub to go home.

“There was a fight outside involving two females with a lot of people around apparently encouraging them. The Kula brothers’ friend shouted at them to stop. Mr Drobek took his shirt off and started to fight the friend.”

The court heard that Drobek punched Daniel Kula, and Toczek and a friend punched Artur Kula, knocking him to the ground.

Toczek was then seen kicking Daniel Kula in the head as he lay on the ground, before Toczek and Drobek punched and kicked Artur Kula until he was unconscious.

At this point a police officer arrived and saw Jaroslaw Toczek kick Daniel Kula ‘at least twice’ as he lay on the ground, the court heard.

The officer chased the pair and caught and arrested Toczek.

Krystof Drobek was later arrested outside the Phoenix pub after being identified to the police.

Mrs Bolt added: “The injuries sustained by Artur included bruising on his face, bleeding on his left eye, and a fractured cheek bone. He had an operation to put plates in to repair the fracture, and he still suffers from blurred vision.

“Daniel suffered significant bruising to his face and pain to his ribs. He said he had fractured ribs and a dislocated eye socket. He didn’t require an operation but still has pain in his eye socket and dizzy spells.

“Obviously, it has had a significant impact on their lives.”

The court heard that Krystof Drobek had a previous conviction for driving while under the influence of excessive alcohol.


Drobek and Toczek had been out in Chard on the night of May 6 celebrating the younger half-brother’s 21st birthday.

Harry Ahuja, representing Drobek, said: “The incident began with a fight between two females, one of whom was a close friend of Drobek.

“He tells me he tried to intervene in that fight, and a close friend of the Kula brothers then became involved with Drobek.

“He has expressed that that person was the first to throw a punch, and that is how he got into a fight with this friend of the Kula brothers.

“What followed was a fight between this group, with the defendant accepting that once the Kula brothers were on the ground he was wrong to continue with the violence.”

As this was Krystof Drobek’s second offence after the consumption of alcohol, his probation service report recommended a suspended sentence, so he can complete a rehabilitation activity requirement.

On behalf of Jaroslaw Toczek, Emma Martin, mitigating, said: “Mr Toczek wishes me to express his sincere remorse about these events.

“There has been a conciliation meeting organised with Artur. It was very important for Mr Toczek to see Artur Kula and express his remorse.”


Judge David Ticehurst said: “Krystof Drobek, you are going to remember your 21st birthday for a long time, aren’t you?

“What a dreadful thing to do. You were having a good night out, enjoying yourself, and then you and Mr Toczek involve yourselves in this fight.

“You didn’t have to. You could have gone home and none of this would have happened. You would not be facing a prison sentence and the Kula brothers would not have received any injuries."

Addressing the other defendant, Judge Ticehurst added: “It is particularly bad in your case Mr Toczek because you kicked Artur while he was on the ground.

“You were drinking, and you could have killed him because you wouldn’t have known how hard you were kicking him or which part of his body or head you were kicking.

“Mr Toczek, you used a weapon in kicking Mr Kula and I accept that you were very remorseful about this offence.

“Had the matter proceeded to trial, on count one (GBH) a sentence of 16 months in prison would be justified. I give you 25 per cent credit for your guilty plea and that reduces the sentence to 12 months.

“You will both receive a sentence of 12 months in prison for count one and three months for count two (ABH) to be served consecutively. This makes a sentence of 15 months, but I am going to suspend that for two years.

“Provided you keep out of trouble and comply with the other requirements you will not go to prison, but if you commit other offences over the next two years you will go to prison.”

The pair were also sentenced to carry out 250 hours of unpair work, and to pay a combined £1,750 in compensation to Artur and Daniel Kula.

No demand for costs or a statutory surcharge were made.