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07

Jul 2021

Last Updated: 07/07/2021
Crime
Crime

Harrogate man spared jail after hammer attack over barking dog

by Court Reporter

| 07 Jul, 2021
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Maciej Rataj, 31, was spared jail after attacking a man with a claw hammer in an argument over a barking dog on Nydd Vale Terrace, near Harrogate town centre.

york-crown-court-2
York Crown Court.

An argument over a barking dog led to a man being hit over the head with a claw hammer in a street in Harrogate.

The victim was attacked near Harrogate town centre by 31-year-old Maciej Rataj who struck two or three blows with the DIY tool, York Crown Court heard.

The victim fell to the ground and was stamped on by Rataj, who had crept up on him from behind. 

Prosecutor Andrew Finlay said witnesses called police and helped the victim, who was taken to hospital with cuts to his scalp and lip and a swollen and bloodied nose.

The man was named in court but the Stray Ferret has decided not to reveal his identity. He was advised by hospital staff to have a CT scan but discharged himself without being X-rayed.  

Rataj was soon arrested but lied to officers that he had acted in self-defence and used an umbrella to attack the victim. 

He admitted assault occasioning actual bodily harm and appeared for sentence on Wednesday.




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Mr Finlay said the incident occurred on August 2 last year when the victim was walking past Rataj’s home in Nydd Vale Terrace and heard his dog barking.

He told the dog to “shut up”, which was heard by Rataj who retorted as the victim walked off.

Mr Finlay added:

“(Rataj) armed himself with a hammer and followed (the victim), together with a friend he was with, before catching up with him and attacking him with (the) hammer.”


Witnesses saw Rataj “change his grip” on the hammer as he approached the victim from behind. He then struck the victim with “two-to-three blows” to the head while he was laid on the ground.

Mr Finlay said:

“(The victim) was also stamped on by the defendant.
“One of the witnesses said it was to the stomach.”


He said it was a “sustained” attack and that Rataj had followed the victim for “some distance” before attacking him. 

Andrew Stranex, acting for Rataj, said his client, a Polish national, had never been in trouble before and was a hard-working man.




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Merited a jail sentence


Recorder Anthony Hawks said although the offence was so serious it merited a jail sentence, he could suspend the inevitable prison term because Rataj was of “hitherto good character” and had an “impressive” work record since arriving in the UK with his wife and family four years ago.

He told Rataj: 

“You live in an area with a significant amount of anti-social behaviour. You overreacted when someone started shouting at your dog. 
“You lost your temper, armed yourself with a hammer, ran after the man and hit him two-to-three times, causing fortunately minor injuries to his head and face. 
“I don’t know what came over you. You are very lucky that you are not facing a more serious charge. Hitting people in the head with a hammer can have fatal consequences.”


The 12-month prison sentence was suspended for two years, during which time Rataj will be supervised by the Probation Service. 

He was also ordered to carry out 100 hours of unpaid work and complete a 15-day rehabilitation programme.