Victor Battye attacked George Beeton with fellow inmate Colin Robinson when they and others, detained in the Parkhurst Prison hospital block, were taking exercise in an enclosed courtyard. Battye, who had concealed the brick snatched from the corner of a flower bed, beat him about the head. Robinson then seized another from the surrounds of a drain as they took it in turns to thump him. He could not intervene because of a bandaged arm and shouted to a prison officer. Despite his confession on arrest, Battye changed his story when giving evidence, denying he had attacked Beeton.