David Nicholson, 20, was so intoxicated that he could not remember why he struck his cousin with a metal bar inside the victim's home in Elswick, Newcastle. The attack left the victim with a large gash on his scalp that required medical glue at the Royal Victoria Infirmary.
Attack Details
On June 30, Nicholson, who had been staying at his cousin's address, became extremely drunk, armed himself with a metal pole, and launched an unprovoked attack. The victim, who usually got on well with Nicholson, called 999 and reported the assault. Police attended and arrested Nicholson at the scene.
Despite his injuries, the victim did not support a prosecution against his cousin. However, evidence from police body-worn cameras led to Nicholson being charged with assault occasioning actual bodily harm. He pleaded guilty at Newcastle Magistrates' Court.
Court Proceedings
Prosecutor Clare Haswell told the court that the victim informed the call handler he had been assaulted with a metal bar and that the offender was still at the address. The victim was taken to the RVI for treatment, where the wound was glued but required no further intervention.
Defence solicitor Ben Hurst explained that Nicholson had consumed alcohol with others and became so intoxicated that his aunt had to help him home. He said: "He doesn't know what then led to the assault but he's gutted that it's happened and he's done this to his cousin." The court heard Nicholson suffers from mental health issues and learning difficulties.
Sentence
District Judge Kate Meek imposed an 18-month community order, stating that under new sentencing guidelines, custody was a last resort. She said: "You assaulted your cousin with a weapon. That could have caused much more harm than it did. You caused a significant injury, which had to be treated in hospital. I acknowledge you have very significant learning difficulties and mental health disorders and I acknowledge you are someone who is vulnerable."
Nicholson was also ordered to comply with a 12-week alcohol abstinence monitoring requirement and pay £85 costs and a £114 victim surcharge.
