Man who took self-defence ‘too far’ spared prison (From The Advertiser Series)

Man who took self-defence ‘too far’ spared prison

9:00am Friday 29th January 2010

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A MAN who admitted carrying out a street attack escaped an immediate prison sentence as it was accepted he took self-defence too far.

Robert Proud, 33, was walking from a shop in Front Street, Catchgate, near Stanley, when he was approached by a man who struck him across the shoulder with an iron bar.

Durham Crown Court heard that Proud grappled with the man and managed to remove the bar from his grasp.

David Crook, prosecuting, said Proud punched him twice, knocking the man to the ground, where he then stamped on his face once.

Mr Crook said the 20-year-old received hospital treatment for a fracture to the nose, and cuts and scratches to the forehead. When spoken to by police, the victim said he had no recollection of how he came about his injuries.

But Mr Crook said Proud gave a full account of the incident to police. He said: “He accepted that the stamping was unacceptable and went beyond acceptable self defence. There is a history to this incident, with some ill-feeling between the parties, the detail of which I’m not aware of.

He added that Proud claimed the other man went to his home the previous day and threatened him with a machete.

Proud, of Harperley Gardens, Catchgate, admitted assault causing actual bodily harm in the incident last March.

Geoff Knowles, for Proud, said: “It’s abundantly clear he did not start this incident. His criminality is taking self-defence too far.”

Recorder Anthony Kelbrick told Proud: “The difficulty the court has in sentencing is that the Crown accepts the first two blows were ‘lawful’ self defence. The criminality was the stamping to the head, but it’s difficult to say which injuries were caused by which blow.”

He passed a 36-week sentence, suspended for 12 months, during which Proud will be supervised by the Probation Service, while also carrying out 150 hours’ unpaid work.

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