Attack near County Durham school as children arrived for the day

Derek Smith used a craft knife blade to slash another man in the face during the altercation near a primary school, in Willington, at about 9am on March 16, this year.

Durham Crown Court heard that the man injured in the incident had just taken his young son to school when Smith was heard telling him: “I’m going to kill you and cut you.”

Shaun Dryden, prosecuting, said the confrontation began in the street where an independent witness described Smith acting aggressively to the complainant.

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Some blows were thrown between the pair who were told by people nearby to stop as children were present.

Mr Dryden said the incident moved down the street to the front of some bungalows where there was more pushing and shoving, and the defendant was seen making a further slashing motion.

Following a further exchange of words, the complainant left the scene injured and returned home.

Mr Dryden said the victim suffered slash-type wounds down his cheek and a deeper cut above his eyebrow, injuries which were seen by scenes of crime officers the following day.

The complainant was interviewed and said he had been threatened by Smith, who used the craft knife blade to cut him, while he stated that he was also bitten by the defendant in the incident.

He said that initially he had been unaware that Smith was carrying any form of weapon.

When Smith was interviewed he claimed the other man had been the aggressor and said there had been problems between the pair for some time.

Mr Dryden said blood stains from the victim recovered from the jacket worn by Smith revealed he had been in close proximity when the injuries were caused.

He said that although some of the cheek injuries were “superficial” the cut above the eye will leave permanent scarring.

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Smith, 54, of High Street, Willington, admitted unlawful wounding and possessing a bladed article, but only on the day his trial was due to start at the court, last month.

His counsel, Vic Laffey, told the sentencing hearing that the defendant admitted use of the blade, but he said he only had the craft knife on him as he had been on his way to do some joinery work at one of the bungalows that morning.

Mr Laffey said it began with a verbal altercation when their paths crossed as the complainant was on the school run.

“It’s accepted what happened next was wholly unacceptable.”

Mr Laffey said the defendant’s offending has reduced dramatically since he moved to the Willington area, but, “for reasons lost in the midst of time”, there had been difficulties with the other man, culminating in previous exchanges.

Judge Jo Kidd told Smith: “It’s clear there had been ongoing difficulties between you and the victim in this case.

“But, in circumstances where people were taking their young children to school, an argument developed near the school gates.”

She said that having threatened the other man there was, “a protracted scuffle in full public view.”

Judge Kidd said having made the threats, Smith used the blade to cause at least four slash/cut injuries.

“You, knowingly, took a blade to a man’s face in public.

“There was no need for a fight to develop.

“You had the opportunity to walk away and you chose to engage in a public confrontation in circumstances where you were armed.”

She imposed a 32-month prison sentence and put in place a restraining order prohibiting Smith from approaching or contacting the victim of the attack, for five years.

Read next:

               County Durham man jailed for unprovoked attack on stranger

               Willington man now jailed after violent attack

               Jailing of man for prolonged attack among cases sentenced at Durham Crown Court in recent days

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