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Liverpool Echo
Liverpool Echo
National
Rachel Smith & James McNeill

Pensioner attacked neighbour with saw after row over burning sofa

A pensioner struck his neighbour eight times with a saw after an argument broke out over a burning sofa.

Preston Crown Court heard that at 10pm on March 25 2020, two days into the first lockdown, Karl Jones saw seven-metre flames rising over the boundary fence between his home in New Lane, Southport. He went to investigate and found John Mitchell, 67, was burning a sofa in his back garden.

Mr Jones asked his neighbour "what the f*** was going on", but Mitchell, who had a saw in his hand, lunged at his neighbour and struck him at least eight times Lancs Live reports.

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Mr Jones suffered injuries to his shoulder, side and left hand, which he put up to defend himself from the attack. Prosecuting, Colette Renton said: "Mr Jones was so stunned he had been struck that initially, he thought he had been struck with the blunt end, but he soon realised he was in pain."

Mr Jones' partner heard him shouting out and heard a man's voice shouting: "I know where you live. I will sort you out!" She called the police and fire service as her partner returned to the house, with perforation marks on his body.

Preston Crown Court heard no ambulance was called due to the covid crisis and there was a delay in arresting Mitchell, as he was shielding due to being clinically vulnerable.

Anna Chestnutt, defending, said Mitchell was 65 at the time of the attack and had a number of health problems including pre-diabetes and a heart condition. "With this background he was extremely anxious about interacting with other people during lockdown", she said.

"He very strongly feels his quickness to anger was very much affected by his levels of anxiety at the time." Ms Chestnutt said Mitchell acted out of character and was already holding the saw when Mr Jones approached him.

Mitchell pleaded guilty to assault occasioning actual bodily harm (ABH) and appeared at Preston Crown Court to be sentenced. Ms Chestnutt added he cares for his partner who has an autoimmune condition and is responsible for taking her children to school when she is unable to.

Recorder Imran Shafi KC, sentencing, said: "You are a retired man, going about your business, which makes this offence all the more surprising, all the more bizarre and all the more ill-judged, given the time of life you are at. On 22 March 2020, just after the lockdown had been announced, at 10pm, you were in the process of burning a sofa set that was causing flames of seven metres high.

"That prompted - not surprisingly - your neighbour to go and investigate what was going on. Starting a fire of that nature, at that time of night, is probably not the most advisable thing.

"Mr Jones, when he got there, asked what the f*** was going on. Perhaps he could have chosen his language more carefully, but the sentiment could well be understood.

"You were holding a joiner's saw in your hand. It is quite surprising that at 10pm you would be chopping down trees, but I accept there is no evidence you armed yourself. Whatever then happened, you accept by your plea you acted illegally and unlawfully by assaulting Mr Jones no less than eight times with the saw."

The judge said the offence was so serious it passed the custody threshold but took into account Mitchell's personal health problems and family circumstances when passing sentence. He handed down a 20-month sentence suspended for two years and placed Mitchell on a three-month curfew from 10pm till 6am.

He also made a restraining order banning him from approaching his neighbour or neighbour's property for five years.

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