Wednesday, 13 January 2016

Choice of Weapon - Fence Panel

Choice of weapon - Fence panel 
Window cleaner who used a fence panel to attack his friend is sent to prison for six months: The victim of a bottling attack, who then assaulted another man, has been jailed for six months. Window cleaner Thomas Phillips was left covered in blood after being slashed over the head and shoulders, Bristol Crown Court heard. But he then attacked Joseph Youhill with a fence panel, as Mr Youhill screamed: "I haven't done anything!"

Phillips, 26, of Locking Road, Weston-super-Mare, pleaded guilty to affray in August last year. Judge Julian Lambert told him: "The offence of affray is directed at the protection of the public. "It was a wild, wild scene. It was very grave disorder and it would have been terrifying for people watching this."

Neil Treharne, prosecuting, said in August last year police responded to a report of a fight in progress at the rear of Courtenay Walk, Weston-super-Mare. Officers arrived to find a topless Phillips covered in blood, having been stabbed by a broken bottle, the court was told. Police spoke to witnesses who saw Phillips being struck, and how Phillips was kicking another man on the ground and struck him with fence panel.

Phillips told police he had been out drinking and was "six out of ten drunk". He said Mr Youhill was also drunk, they argued and there was some pushing and shoving. He said he was then bottled and he went into "defence mode", utilising the fence panel as a weapon.

Phillips had seven previous convictions for 15 offences, including public order and battery as a juvenile and two charges of assault occasioning actual bodily harm. Farah Rashid, defending, said: "He comes to court ready, knowing the likelihood of receiving an immediate custodial sentence."
Miss Rashid urged the judge to give her client credit for a timely guilty plea. She said it was "cloudy" as to how and where trouble started, and who was involved. Miss Rashid said: "He fully accepts he was violent. He picked up this fence panel and hit it at his friend after he had been stabbed."

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