DCSIMG

Man, 40, escapes jail after attack

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A Norton man has been handed a suspended prison sentence after causing multiple facial fractures during an attack on his “noisy” neighbour.

Kevin Durand repeatedly hit his neighbour with a pool cue in the face, breaking the weapon into pieces, and resulting in the victim’s sinuses being smashed.

The 40-year-old was found guilty in February by a York Crown Court jury of inflicting grievous bodily assault in the attack on Simon Calender outside the pair’s bedsits on Vine street.

Mr Calendar and his friends had been returning home in the early hours of April 19, last year, after visiting a local skate park, when Durand appeared in his boxer shorts, snatched the pool cue from the hands of one of them and then attacking his victim with it, repeatedly smashing it into his face even when he was laid prone on the ground.

Durand claimed he had been acting in self-defence after Mr Calendar drunkenly “wobbled” towards him raising a skateboard as if to hit him.

He told the jury that he and his neighbours had suffered constant disturbance, including load music from Mr Calendar’s bedsit, and had complained in person before reporting it to the police.

On the night of the incident, he said, there had again been noise and, when Mr Calendar and his friends were outside his building, allegedly damaging parked vehicles with the pool cue, he went out to confront them.

Durand told the jury that he disarmed one of the males of the cue, two of the friends then running off, but leaving behind Mr Calendar who came towards him. He claimed that he had hit out once, smashing the cue against the skateboard before throwing it away and that any facial injuries were not his doing.

Durand appeared back before the court on Wednesday last week for sentencing, Recorder Robin Mairs accepting that the incident had been one of self-defence which had gone too far.

The recorder, who had initially warned Durand that he most likely faced custody for inflicting “serious” injuries, told him that he had decided to suspend the sentence.

Durand was sentenced to 12 months imprisonment, suspended for 18 months, and ordered to complete 200 hours unpaid work.

 

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