Assault pair spared prison sentence (From Gazette)

Assault pair spared prison sentence

5:00pm Wednesday 29th July 2009 in News

A FATHER and son who attacked a man have been spared jail.

Judge Rodger Hayward-Smith imposed ten-month jail sentences, suspended for two years, on both David Scriven and his son Simon Scriven.

David, 51, of Parnell Close, Colchester, and Simon, 29, of Magnolia Drive, Colchester, admitted assault causing actual bodily harm. They also admitted having offensive weapons – a pickaxe handle and a ratchet handle – but denied having them when they assaulted Bruce Gibbons, Chelmsford Crown Court heard.

The father claimed he punched Gibbons, and Simon headbutted him.

Gibbons, of Avignon Close, Colchester, was prosecuted after leaving his house with a samurai sword after the attack on August 8 last year, and received an eight-month suspended sentence.

Marcus Crosskell, prosecuting, said Gibbons had been celebrating his birthday with partner Kayleigh Scriven. She later claimed Gibbons had put his hand around her throat and thrown her out of their flat.

Mr Crosskell said her father and brother went to speak to Gibbons, who ended up receiving treatment in hospital.

The judge ordered David to abide by a three-month curfew from 7pm to 6am and Simon to carry out 150 hours unpaid work.