Pair attack Bishop Auckland man in his own garden after row over fence

Shaun Whittaker and Sean Hodgson took matters into their own hands after the exchange between neighbours in Bishop Auckland, on the evening of Tuesday, June 2, 2020.

Durham Crown Court heard that the victim was in his back garden and his heavily pregnant partner was upstairs at their home when they saw a group of people congregating in the back garden of a bungalow opposite, at about 7.45pm.

Ashleigh Leach, prosecuting, said a female at the rear of the bungalow was verbally aggressive to the woman looking from her upstairs window, accusing her of staring into their garden.

Shaun Whittaker, went round to confront man in neighbouring garden after verbal exchange over fence Picture: DURHAM CONSTABULARY

Miss Leach said the male householder went back into his garden to explain this was not the case, but at that point a man from the bungalow garden tried to climb the partition fence, throwing a washing line prop at him, threatening, “to do him in”.

A short time later the two defendants entered the garden of the victim’s address, having forced the gate open.

Whittaker approached the householder who tackled him in self-defence, as three to four punches were thrown.

But Hodgson then approached and hit the victim to the side of the head with a large brick or rock picked up from the side of the house.

Sean Hodgson got involved in attack on 'complete stranger' in his own garden Picture: DURHAM CONSTABULARY

Miss Leach said the victim managed to get to his feet in pain, as the defendants continued to throw punches to his rib area, before leaving, shouting verbal abuse at him.

The victim went to Bishop Auckland Urgent Treatment Centre for attention to the bloodied head injury, which was treated with medical glue.

Police went to the man’s home address and viewed CCTV showing the intruders damaging the gate, although the attack, itself, was not captured on the footage.

Miss Leach said the defendants later attended a police station to be voluntarily interviewed.

Whittaker was shown the footage and told police he appeared to be “calm”, while Hodgson acknowledged it was him accompanying his co-accused, but made no reply to further questions.

Both entered guilty pleas to a charge of criminal damage to the gate, but denied assault causing actual bodily harm.

But 35-year-old Whittaker, of Howard Close, and Hodgson, 32, of West Lane, both Bishop Auckland, were each convicted of the assault after a trial before magistrates.

The case was sent to the crown court for sentencing.

Read more: Man sentenced for dangerous driving after dispute between neighbours escalates

Mark Styles, for Whittaker, said: “He was in the garden at his mother’s home and this seems to have stemmed from a dispute between the victim and the defendant’s mother.

“He agrees he lost his composure and shouldn’t have got involved.”

Shaun Dryden, for Hodgson, told the court: “He seems to have involved himself in an incident that was nothing to do with him.

“He got involved and, once it began, he escalated it.

“He has no history of violence and most of his offending is motor vehicle orientated.”

Jailing them each for 12-months, Judge James Adkin told them that the victim appeared to have been, “a complete stranger” to both.

“You smashed his gate to get in and attack him.”

Despite being urged to pass a suspended or community sentence, Judge Adkin added: “I’m afraid, in the circumstances, for two onto one ‘thuggery’ on a complete stranger in his own garden, it must be an immediate sentence.”

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