A man with nearly 350 offences on his criminal record has been jailed for battering another man with a metal pole outside a petrol station in Bootle. Bernard McCartney, 56, of no fixed address, told police "it was either me or him going to hospital" when arrested after the attack on June 8 this year.
Liverpool Crown Court heard that McCartney was talking to a member of staff at a garage on Hawthorne Road via a service hatch at around 2.45am when he was approached from behind by Kevin Bryan and hit to the back of the head with a metal bar. The defendant turned and saw the other man "rise up and go to strike him to the head again", and the two men became engaged in a scuffle on the ground.
Attack continued while victim lay on floor
Jonathan Keane, prosecuting, described how McCartney, who had frequently been known to beg outside the premises, went on to repeatedly whack Mr Bryan with a metal pole to the head and upper body before stamping on his head. This assault continued after the complainant was lying on the floor "putting his hands up to protect himself".
McCartney subsequently left in possession of the weapon. He was arrested later the same day and, having been transported to a police station, told officers at the custody desk: "It was either me or him going to hospital."
Mr Bryan was found lying on the floor of the garage with "clear injuries to the head" which were "visibly bleeding" when emergency workers attended the scene. He was taken to Aintree Hospital with a 1cm laceration on his nose, which was closed using Steri-Strips, and a 2cm wound to the top of his head, which was stapled shut.
Victim says he feels 'wary and unsafe'
In a statement read to the court on his behalf, Mr Bryan said: "This incident has caused me to be very wary and unsafe. Since the incident, I've stayed in my house more. I feel so wary and anxious about going out. I shouldn't feel like this."
McCartney has a total of 184 previous convictions for 348 offences, dating back to 1981 and including a "considerable and lengthy record for violence". His most recent appearance saw him handed a 24-week imprisonment suspended for 12 months in May this year for burglary of a non-dwelling.
Defence cites homelessness and drug misuse
Sarah Griffin, defending, told the court: "He asks for me to apologise to the victim in court on his behalf. He does not seek to excuse his behaviour. He was homeless at the time. He was in the grips of substance misuse and had been an abuser of drugs since 14 years of age."
She added: "He does not currently have any support network. His only family is his brother. He lives in Devon. His mother passed away in 2021, and his father passed away at the end of 2025. He tells me that he was in custody when his father passed away."
"When he was released from that sentence, he went to collect his father's belongings and had an understanding he could return to the house, but that was not the case. It was during that homelessness and his resorting back to substance misuse that he committed the offence which he is to be sentenced for."
"He is now drug free in prison. He tells me that it is the best he has ever felt. He tells me that he wants to stay clean upon his release. It will be a difficult task, but he says that he is committed to it."
"The victim in this case had leant him £10 prior to this incident. I have informed the defendant that is unlikely to have any impact, one way or the other, upon your honour's sentencing."
Self-defence became 'excessive and unlawful'
McCartney admitted wounding with intent and breaching a suspended sentence order. Appearing via video link to HMP Altcourse wearing a grey Montirex t-shirt, he was jailed for 38 months and handed a 10-year restraining order.
Sentencing, Recorder Gavin McBride said: "I accept that you were acting, initially, in self defence, having been approached by the complainant from behind with a metal bar. However, what is also correct is that you then acted in excessive and unlawful behaviour."
"The victim is upon the floor. He is not contesting, he is not fighting back and you are repeatedly punching him. You kick him and you are striking him repeatedly with a metal pole, a weapon. He suffers head injuries and lacerations to the face and nose."
