A prisoner who launched a brutal attack on his cellmate over loud snoring has been jailed for three years. David McLaughlin, 47, carried out a sustained assault that a court heard was ‘well over the top’, leaving his victim with a broken arm and suspected fractured ribs.
Attack over snoring
McLaughlin, who has a history of violent offending, attacked his inmate after taking exception to his loud snoring, Durham Crown Court heard. Prosecutor Martin Towers said the victim was left with wounds to his right forehead, the back of his head, behind his ear and chin, as well as mouth injuries caused by his own tooth. He also suffered a broken arm that needed surgery and two suspected fractured ribs.
In a victim statement, the man described the attack on February 27 2024 as ‘the worst experience of my life’ and said he had been left badly scarred. He said he had suffered PTSD, nightmares and was in pain for several months, and also was threatened by other inmates for being “a grass”.
Conviction and sentence
McLaughlin, of Turnbull Close, Durham, denied wounding with intent, claiming self-defence. He was cleared of that charge at trial last month but found guilty of the alternative of unlawful wounding. The court heard his record of 85 previous offences includes 14 assaults. His most recent conviction was for putting someone in fear of violence in June 2024, for which he served 10 months in prison.
Rachel Kelly, in mitigation, said the victim believed a weapon had been used, but McLaughlin was never charged with a weapon offence. She described it as a case of ‘excessive self-defence’. Kelly said McLaughlin found stability after his release from his previous sentence in March last year, with a roof over his head and steering clear of drink and drugs.
Judge’s ruling
The court was told McLaughlin had been back in prison on remand awaiting sentence since his conviction on September 17. Judge Tom Mitchell said that whatever the jury thought about how the confrontation began, it ended in ‘grossly disproportionate violence’. The judge said McLaughlin appeared to ‘reek of violence’ during his trial and had clearly gone ‘well over the top’, causing his cellmate ‘grave injuries’.
The judge imposed a three-year prison sentence, saying the assault was so serious that only immediate custody was justified.
