Two middle-aged men were jailed today for a vicious attack on an innocent man who suffered a broken eye socket which required facial-reconstruction surgery.

Gavin Hewson, 45, and Charles Neate, 55, punched the victim repeatedly at a block of flats in Ripon which left him “covered in blood”, York Crown Court heard.

They were arrested and charged with causing grievous bodily harm but denied the offences. However, a jury found them guilty following a trial in November.

Prosecutor Nicola Hoskins said the two men went to the apartment block in St Marygate apparently looking to “sort out” another man but ended up attacking his neighbour, who was named in court.

The victim had been watching TV with his partner when they heard someone shouting the name of their neighbour who lived in the opposite flat.

When he went outside to ask them to be quiet and go away, he was attacked by the two men, resulting in a fractured eye socket, swollen eyes and a suspected broken nose.

His partner called police as other people outside flagged down a passing police car and alerted officers to the attack.

York Crown Court

Two officers followed a “trail of blood” from the apartment block’s communal door to the victim’s flat and advised him to seek medical attention.

He was treated at Harrogate District Hospital and kept in overnight due to the extent of his injuries. He later had facial-reconstruction surgery.

Hewson and Neate claimed they weren’t even at the apartment block but were found guilty as charged. They appeared for sentence today.

Ripon man had 13 previous convictions

Ms Hoskins described the attack, which occurred on August 2, 2020, as “prolonged and persistent”.

Hewson, of Maple Walk, Ripon, had 13 previous convictions for 20 offences including battery, assault occasioning actual bodily harm and disorderly behaviour.

Neate, of Aysgarth Walk, Richmond Hill, Leeds, had 110 offences on his record including many for serious violence and previous convictions for assault with intention to rob, public disorder, affray and carrying a blade.

David McGonigal, for Hewson, said the father-of-two had a well-paid job but accepted he had a problem with drink-related violence.

He said Hewson could lose his job and his home if he were jailed.

Robert Mochrie, for Neate, said his client had been struggling with his mental health for years following a family tragedy.

But judge Sean Morris, the Recorder of York, said the attack at the apartment block was “far too serious” for anything other than an immediate jail sentence.

He told the defendants:

“Both of you have had serious tragedies in your lives and they were deeply unpleasant…but think about all the unpleasantness, the upset, the fear, that you have caused in your lives to other people.

“And on this night, I’m quite satisfied that the pair of you were going to these flats in order to sort somebody out.

“You weren’t after this (victim)…but it turned nasty very quickly upon your unfortunate victim who had nothing to do with you and came out simply to ask you to be quiet…and both of you set about him.

“You beat up a purely innocent man just for the hell of it.”

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He told Neate:

“It is right to say that your offending was tailing off somewhat…but back it’s come with a vengeance.”

Jailing him for three years, the judge described Neate as a “very violent man indeed”.

Hewson was jailed for two-and-a-half years because his track record for violence wasn’t as bad as Neate’s.

Both men were also given a five-year restraining order, banning them from contacting the victim and his partner and going to St Marysgate in Ripon.

A Harrogate man has been jailed for three years for a “savage”, unprovoked attack on a neighbour who was left with a fractured eye socket, broken nose and cracked ribs.

Richard Banks, 45, sidled up to the victim in the street and asked him for a cigarette, York Crown Court heard.

The victim, a professional man who was out walking his dog, invited him into his flat in St Mary’s Avenue, Harrogate, but soon felt “uncomfortable” because Banks, whom he barely knew, was “overfamiliar” with him, said prosecutor Rachel Landin.

He asked Banks to leave which he did but returned later that day. When the victim opened the door, Banks, a long-time drug user, “barged in and began shouting”, said Ms Landin, adding:

“He attacked (the victim), knocking him to the floor and repeatedly kicking and punching him to the torso and head.”

Banks took hold of a knife in the kitchen and threatened to kill the named victim, who ran to the front of the house and shouted for help from a window. Ms Landin said:

“He wasn’t sure where (Banks) had gone, so he picked up a bread knife and went into the street.

“He encountered (Banks) again who renewed his attack, punching (the victim) repeatedly to the face.”

Fractured eye socket

Passers-by witnessed the horrific attack and called police who arrived to find Banks standing over the “confused” victim, who was lying helpless after being knocked to the ground and banging his head on the pavement.

The victim, who was concussed, still had the knife in his hand, but police said there was no threat posed by him and the blade was confiscated without a struggle.

York Crown Court

He was taken to Harrogate District Hospital where he woke up “not knowing what was going on and in a lot of pain”.

He was transferred to York Hospital for surgery and specialist treatment to a fractured eye socket and broken ribs and nose, as well as cuts, bruises and scratches all over his body.

Banks, who bizarrely appeared “more focused” on the victim’s dog, was arrested in the street and charged with wounding.

He denied the offence, falsely claiming self-defence, but was found guilty following a trial at the Crown Court in July.

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He appeared for sentence yesterday after being remanded in custody.

Ms Landing said the victim had to have surgery to rebuild his shattered eye socket by inserting titanium plates.

He had continued to suffer from impaired and blurred vision since the attack on December 28, 2020, and been receiving optical treatment.

He had been working in IT but had had to change his job due to the computers exacerbating migraines brought on by the attack. His vision impairment would be permanent.

The victim described the attack as “random and unprovoked”. He had become “very paranoid (and) extremely nervous” when out in public.

He had been prescribed anti-depressants and sleeping tablets and didn’t feel safe at home, which was close to where Banks lived. He added:

“I find it really hard to leave my flat, even to walk the dog or go to the shop.

“I have uncontrollable panic attacks.”

The side of his face was “numb for the best part of a year, causing problems eating”.

11 previous convictions

Banks, of St Mary’s Avenue, had 11 previous convictions for 21 offences including public disorder, damaging property and drug-related offences including cultivating cannabis in 2013, possessing cocaine in 2014 and possession of crack and heroin in 2018. He recently received a suspended prison sentence for dealing heroin and cocaine.

His barrister Nick Cartmell said Banks was “hysterical, crying (and) wasn’t in his right mind” when he was arrested for the attack in St Mary’s Avenue.

But judge Simon Hickey said Banks had shown no remorse and described the attack as “savage, nasty and persistent”. He told Banks:

“The victim is…frightened to go out; he’s frightened to shop; he has to rely on people. (There is) permanent disruption to his sight and he’s very conscious about the (titanium) plate in his face.”

He said although Banks had mental-health issues, a three-year jail term was “the least” sentence he could impose for “this savage beating of this man in his own home and outside in the street”.

Banks will serve half of that sentence behind bars before being released on prison licence.

A man was caught wandering the streets of the Harrogate district with a bayonet after he went looking for spies he thought were bugging his home.

Christopher Graham, 58, from Harrogate, was found with the large, sheathed military-style blade in Kirk Hammerton after his daughter called police saying she was concerned for her father’s welfare, York Crown Court heard.

She told police her father’s mental state had “deteriorated in recent days, to the extent that he thought his [home] was being bugged”, said prosecutor Brooke Morrison.

Graham left his house “saying he was going to kill [the people he thought were wiretapping his home]”, she added.

Police went looking for him and eventually received reports of a man matching Graham’s description looking “disorientated and confused” at a local petrol station.

Officers found him on York Road, Kirk Hammerton, where he appeared “quite confused, had no shoes or socks on and was attempting to hitchhike”. Ms Morrison said:

“He was picked up by police and found to be carrying a bag which contained, among other items, a sheathed bayonet [blade].”

He was taken in for questioning and told officers he had become “more and more anxious in recent days”. The prosecuting barrister added:

“He said he had forgotten the knife was in his bag and didn’t realise he had it with him.”

Graham, of Butler Road, Harrogate, was arrested and charged with carrying a bladed article in public. He admitted the offence, which occurred on September 25, and appeared for sentence today.

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Ms Morrison said there was no evidence that Graham had taken the bayonet out of the bag while he was wandering the streets.

He hadn’t been taking his medication at the time and had been detained in hospital in the past for mental health issues. He was said to suffer from a chronic relapsing psychotic disorder.

The court heard he had 19 previous convictions for 42 offences, including burglaries and drug-related matters, most of which occurred in the 1980s.

His most recent conviction was in 2009 for an offence of false imprisonment for which he received an 18-month jail sentence.

Ms Morrison said Graham had a drug habit at the time of that offence.

‘No intention of harm’

Defence barrister Victoria Smithswain said Graham had been remanded in custody since his arrest and had therefore already served the equivalent of a four-month prison sentence.

Recorder Tahir Khan KC told Graham:

“It appears that you had not been taking your medication, as a result of which you became confused and were thinking negative thoughts.”

He said it was evident the bayonet blade was never brandished, adding:

“I am satisfied that you had no intention of harming anybody…

“I deal with you on the basis that this was an isolated lapse on your part because you had not been taking your medication.”

Graham was given a three-month jail sentence which triggered his immediate release from custody due to the amount of time he had already spent on remand.

A Harrogate man has denied wounding another man with intent to cause grievous bodily harm on the town’s Bower Street last month.

William Boam, 23, who lives on the street, appeared before York Crown Court yesterday and pleaded not guilty to the charge.

It follows an incident on Bower Street on the night of October 14.

Boam, who appeared via video link from HMP Hull, also denied a charge of common assault against another man on the same night.

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He pleaded guilty to a charge of possessing a knife on Bower Street.

A trial date was set at York Crown Court for April 11, 2023.

Recorder Tahir Kahn remanded Boam in custody until the date of the trial.

Warning: the following article contains details some people may find offensive.

A Harrogate man who had a “totally unacceptable” interest in images of child abuse and extreme pornography has been given a suspended prison sentence.

Philip Grange, 53, of Hillside in Follifoot, appeared before York Crown Court this morning on a string of charges, including possessing an extreme pornographic image of a person performing an act of intercourse with a dog.

Grange was also charged with three counts of making an indecent photograph of a child and three counts of distributing indecent photographs of a child.

He pleaded guilty to all charges.

Thousands of indecent images

Police arrested Grange on August 14, 2020, and seized a number of devices including nine mobile phones, a Samsung tablet, a laptop and a USB stick from his home.

Analysis of the technology found five of the mobile phones included indecent material.

A total of 650 category A images, which are the most graphic, and 37 videos were found, along with thousands of category B and C images.

Police also discovered 180 images of extreme pornography and 10 videos.

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Grange was also found to be using the Kik Messenger social media platform to request and distribute images.

The prosecution told the court that he also had “very explicit” conversations on the platform.

Ismael Uddin, defending Grange, said he had no previous convictions and was “socially isolated”.

He added that he was “remorseful” for making and distributing the images and was unlikely to offend again.

Mr Uddin said:

“All of them [the images] are of a disdainful nature.

“He is 53 years of age and is likely to not commit offences again. He has told me that he is no longer on the internet.”

‘Unacceptable’ and ‘perverted’

Sentencing Grange, Recorder Paul Reid told the 53-year-old that he had an “unacceptable” and “perverted” interest in pornography.

He said:

“You are described as a socially isolated individual who has a totally unacceptable and perverted interest in pornography and, in particular, images of child abuse.”

Mr Reid described Grange’s conversations on the “notorious” Kik platform as “utterly disgusting”.

He added that he noted that Grange told probation that he was “glad to be caught” as he “knew what he was doing was wrong”.

Grange was sentenced to 20 months in prison suspended for two years.

He was also ordered to undertake 200 hours unpaid work, 40 days rehabilitation and subjected to a sexual harm prevention order.

A father-of-three has been jailed for subjecting his partner to a vicious “punishment beating” in which she was dragged out of her home, thrown into his car and then driven to another address where she was yanked along the street.

Alan Bell, 47, erupted in a fit of drunken rage at the woman’s home in Knaresborough where he punched her repeatedly after discovering she had recently tried drugs, York Crown Court heard.

Prosecutor Daniel Ingram said the couple, who had drunk three bottles of wine together, got into an argument on Christmas Day last year after the named victim told Bell she had recently taken cocaine because she had been feeling down.

Bell, who worked for Huttons Butchers in Castlegate, Knaresborough, reacted with fury and accused her of cheating on him with another man.

The victim started talking to this man on the phone, whereupon Bell “began hitting her, punched her on the head and dragged her off the settee onto the floor”.

He then threw a pair of Dr Martens boots at her, before dragging her outside to his van, telling her that if she wanted to see the man, he would drive her to his house. Mr Ingram said:

“She begged him to stop (but) he dragged her outside to the van and threw her into the passenger seat.

“He drove to the male’s address and dragged her out of the van. He (then) punched her to the face and pushed her over.”

Taken to hospital

The victim was dragged along the ground towards the unnamed man’s house and then “dragged back (again)”.

She said she “smashed her face on the floor” after being pushed to the ground and was then kicked to the body, but Bell denied this. Mr Ingram added:

“(Bell) then moved away, leaving her lying on the floor.

“She was helped by strangers who called police and she was taken to hospital.”

The victim, who had since separated from Bell, discharged herself from hospital before she could be seen by medical staff.

When she returned home, she found her plants pots, Christmas presents and a glass candle had been smashed, and drink had been “poured all over (the presents)”.

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Bell had gone into her house and damaged the items as part of a “revenge” attack which lasted into the early hours of Boxing Day.

The victim also alleged that in the first attack at her home, Bell had kicked her to the body and hit her over the head with a TV remote control and her own shoes.

Bell denied these allegations but admitted punching her in the face “four or five times” before throwing her Dr Martens at her and dragging her into his van.

Mr Ingram said the victim suffered “nasty” bruising to her arms, face and body, a black eye, cut forehead and an ear injury after her earring was ripped out. He added:

“She said she was sore all over and in pain for a long time afterwards.

“She said she felt the need to hide away from others as a result of the bruising and…that at the time she thought she might die.”

Bell, of Castle Yard, Knaresborough, was arrested and charged with assault occasioning actual bodily harm and damaging property.

He admitted both offences on the basis that he didn’t kick the victim or hit her with the TV remote. He appeared for sentence today after the prosecution accepted his plea.

Never been violent before

Peter Minnikin, for Bell, said his client had led an otherwise “blameless” life.

He added that Bell, who divorced from his ex-wife in 2016, had never been violent in previous relationships.

A character reference from his employer at Huttons Butchers, where he earned a good living, described Bell as a “hard-working man”.

Mr Minnikin said Bell met the victim in 2019 but their relationship became “toxic” and they were both drinking heavily.

Judge Sean Morris branded the attacks a “disgraceful incident”. He told Bell:

“This was a prolonged incident of degradation. You dragged (the victim) out of the van and dragged her back again in the street and she’s ended up with all these injuries.

“While she is out without any shoes on, looking for help, you are ripping all (her) Christmas presents and spoiling them with drink.

“It was a cowardly offence and you were inflicting punishment which you are not allowed to do.”

Mr Morris said the violence was “just too prolonged and too serious” for anything other than an immediate jail sentence. He added:

“I know that this is going to have an effect both on your employer and your family, but these kinds of domestic assaults have to be deterred so that people know what happens if they subject their partners, wives, girlfriends, to prolonged, humiliating punishment beatings.”

Bell was jailed for 10 months and given a five-year restraining order, which bans him contacting the victim or going to her house in Knaresborough.

A violent “brute” and serial thief has been jailed for attacking nurses and police officers and running amok at Harrogate District Hospital.

Philip John Watson, 32, “kicked off” inside the hospital’s A&E department where he assaulted two nurses, threatened doctors, threw a blood-pressure machine to the floor and launched a fruit-and-veg crate at a receptionist, York Crown Court heard.

Watson was on bail at the time after being arrested for a series of violent offences and shop thefts, said prosecutor Brooke Morrison.

During the “disgraceful” incident at the hospital on February 26, he went into the A&E department where he was treated for an apparent drug overdose.

He was left to “sleep it off” but when nurses went to rouse him, he began shouting and swearing at them. He then ripped the cannula, a fluid tube, from the back of his hand and pushed one of the nurses in the chest before elbowing her colleague in the shoulder “to get (her) out of his way”.

He then threw a blood-pressure machine to the floor and flicked blood from the cannula around the room. Ms Morrison added:

“He (then) stormed through A&E, pushing trolleys and trying to flip over the equipment.”

When a doctor asked him to stop, Watson threatened him before marching into the hospital reception, “again dripping blood onto the floor”. Ms Morrison said:

“He sat in a wheelchair before going outside and returning to reception with a wooden fruit-and-veg crate.”

Watson threw the crate at the ceiling, causing cracks and holes in the plastering. He then went outside, grabbed another crate and threw it at the reception desk, causing the receptionist to duck out of the way.

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He was escorted out of reception by two staff members, but then started throwing pieces of meat at nurses in the ambulance bay and threatening the ambulance driver.

Police were called in but when officers tried to cuff him, Watson tried to run away, shouting, “You will not arrest me”.

Officers took him to ground and hauled him into the police van, but Watson started kicking the police cage and told a special constable he would “bite his face off”.

Claimed to have swallowed bags of heroin

On arrival at Harrogate Police Station, Watson claimed he had swallowed bags of heroin, forcing officers to take him back to hospital for checks. On the way there, he subjected the special constable to a torrent of “foul and racist” comments.

Watson, from Harrogate but of no fixed address, was on bail at the time following a string of offences including a previous incident at the hospital on May 20 last year, when he went into A&E – again in a drink and drug-induced state – and was placed in a cubicle “to sleep it off”.

When he woke, he tried to leave the hospital through the “wrong door” and went berserk, “grabbing and shaking” doors and walking into the resuscitation room.

A doctor called for assistance and two hospital porters escorted Watson back to the cubicle where he told the doctor he wanted to “put his hands around somebody’s neck and squeeze them until their heads pop”.

Such was Watson’s “aggressive and intimidatory” behaviour, hospital staff called police who arrived to arrest him.

That same month, Watson stole alcohol from Asda on Bower Road and after being arrested he headbutted a glass door at the police station, causing it to crack.

The following month, on bail again, he elbowed a police officer in the face, causing a small cut, after being stopped on suspicion of shoplifting in Bower Street. Two other officers tried to bring him under control him, but he ran away as they fired a Taser gun at him which missed.

He was finally arrested following a short chase, but it took three officers to restrain him.

Three months later, he was arrested again for handling stolen goods after he and another man stole about £150 of clothes from TK Max at the Victoria Shopping Centre.

In October, he stole from the Co-op and used a stolen bank card to buy cigarettes from Tesco.

In November, he stole razors worth £145 from Asda and was arrested again the following month after stealing hundreds of pounds’ worth of clothes from TK Max. On being arrested, he was found with heroin.

He was ultimately charged with a raft of offences including assaulting police officers and hospital staff, resisting a police constable, criminal damage, shop thefts, threatening behaviour, possessing a Class A drug and handling stolen goods.

He admitted all matters and appeared for sentence via video link today after being remanded in custody.

‘Enormous’ criminal record

The court heard that Watson had an “enormous” criminal record for offences including burglary, robbery, carrying knives, racially aggravated criminal damage, assaulting police officers and “beating people up”. All the offences were fuelled by drink and drugs.

His solicitor advocate Graham Parkin said Watson was “completely out of control” at the time of his latest series of offences.

Judge Sean Morris said Watson had behaved “like a brute” towards the doctors and nurses who were “trying to save people’s lives”.

He described his behaviour as “disgracefully violent”.

Watson was handed a 21-month jail sentence, but he won’t be spending too long in prison as he will only have to serve half of that behind bars and he had already served the equivalent of a 14-month sentence on remand.

A Porsche driver has been jailed today after causing the death of a cyclist on the A168 near Boroughbridge.

James Bryan, 37, was rushing to get some shopping for his parents on May 10, 2020, when his Porsche Carrera 911 ploughed into the back of a bicycle ridden by married father-of-two Andrew Jackson, 36, York Crown Court heard.

Bryan was found not guilty of causing death by dangerous driving after a trial in September. However, he admitted causing death by careless driving.

He appeared for sentencing at York Crown Court this morning, where he was jailed for nine months.

‘Distracted by something’

During the trial, which began last month, prosecutor Anne Richardson alleged that in the moments before the crash at Allerton Park, Mr Bryan must have been distracted by “something” because Mr Jackson was clearly visible.

She claimed that evidence showed he must have been looking at, scrolling through, or reading posts on social media.

Mr Bryan had taken cocaine and been drinking at his friend’s house in Cheshire the night before the fatal collision at Rabbit Hill Park.

A roadside test in the aftermath of the crash showed that although he wasn’t over the limit for either drink or drugs, there were traces of cocaine, or a cocaine breakdown product, in his system.

Ms Richardson claimed that Bryan, who celebrated his 35th birthday just two days before the accident, would have been impaired by the drugs in his system and from being hungover and tired from the alcohol and festivities the night before.

He was on his way to drop off some groceries at his parents’ house who were isolating during the covid lockdown when the accident occurred at about 1.40pm.

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Bryan, of St Mary’s Avenue, Harrogate, was arrested and charged with causing death by dangerous driving. He denied the allegation but admitted causing death by careless driving in that he didn’t leave enough room to drive around the bicycle.

Defence barrister Sophia Dower claimed that Bryan was in a “fit and proper state” to drive and was not using his phone at the time of the crash.

She claimed Mr Jackson’s bike had veered right from the edge of the road into the path of Mr Bryan’s black Porsche, and that her client “didn’t have enough time to react”.

The off-duty doctor who was at the scene said Mr Jackson had suffered a serious head injury and his helmet was broken.

Police knock ‘changed our lives forever’

Andrew Jackson

During the sentencing hearing today, a victim impact statement from Mr Jackson’s father, Paul Jackson, was read in court.

Mr Jackson said he and his wife, Ruth, can remember the knock on the door from police which he said “changed our lives forever”.

He said:

“He was only 36 years old when he was killed. He was in the prime of his life.”

Mr Jackson added that he and his wife “found it difficult to express how the loss has affected us”.

Mr Jackson’s wife, Jenny, told the court today Andrew was her “best friend and team mate” and that it was “so hard not having him around”.

She said:

“My children should be growing up to know what it feels like to be hugged by their father.”

In mitigation, Bryan’s defence said the defendant had expressed remorse and had suffered from “fragile mental health”.

Ms Dower said he had suffered from depression, anxiety and post-traumatic stress disorder since the crash.

She said:

“If Mr Bryan could turn back the clock, he would do it in a heartbeat.

“Whatever sentence this court imposes today, we all know that Mr Bryan is going to have to live the rest of his life knowing that his careless driving killed Mr Jackson.”

Sentencing Bryan, Judge Simon Hickey said that Mr Jackson was “there to be seen” and not at fault for the collision.

Judge Hickey said a combination of tiredness and “interaction with a device” led to Bryan hitting Mr Jackson.

He said:

“That is why you hit Mr Jackson from behind. 

“No blame is attached to him… because of your inattention he could have been avoided.”

Bryan was jailed for nine months, of which he will serve half before being released.

He was also disqualified for two years and ordered to pass an extended driving test before being allowed to drive again.

A solicitor from Harrogate has been remanded in custody after breaching a restraining order preventing him from contacting his ex-wife.

Richard Wade-Smith, 66, appeared at York Crown Court this morning via video link from HMP Hull to be sentenced after pleading guilty to the breach at York Magistrates Court last month.

The court heard he had previously been sentenced to a community order and restraining order on September 15, after ramming his car into his ex-wife’s house at Slingsby Walk, near the Stray in Harrogate. He had admitted harassment causing fear of violence, damaging property, and drink driving.

Just four days after being sentenced, he breached the order, turning up at his ex-wife’s house as well as visiting her neighbour.

Prosecuting, Kelly Sherif said:

“[His former wife] said that ‘I knew that when Richard was released, that he would not abide by any orders and here we are, four days later…

“I sit in my house with the curtains closed, too scared to venture outside in case I see him’.”

The prosecution said Wade-Smith had knocked on his ex-wife’s door at 8.15am, but left when she failed to answer. He then returned at 10.30am and knocked, as well as calling to his wife and saying it was “Susie” at the door.

When she recognised his voice and again did not open the door, he went to the neighbouring house. The neighbour answered the door but told him he should not be there because of the restraining order.

Wade-Smith said he had nowhere to go, but the neighbour repeated that he was not allowed to be near his ex-wife’s home.

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In mitigation, Alasdair Campbell told the court Wade-Smith had been unable to access temporary accommodation following the sentencing on September 15.

It had taken a long time for arrangements to be made for him to leave HMP Hull, by which time Harrogate Borough Council’s offices had closed and he was unable to get a place at a homeless hostel.

He slept rough that night and the next night, then paid “a lot of money” for a hotel the third night. He slept rough again the following night, but woke up in hospital, having been drinking and apparently been robbed, with his bank card and cash taken.

Recovering alcoholic

Wade-Smith, a recovering alcoholic, admitted breaching the restraining order, though he argued he had only visited his former wife’s home once.

Mr Campbell said:

“When I asked him why he did that on that particular occasion, my instructions are that, faced with what he was going through, [he chose] the option of breaching the restraining order to get himself locked up so he had somewhere to stay that night…

“In hindsight, it may have been a foolish option.

“If someone is prepared to breach a serious court order, it does give one some idea of the desperate position he perceived himself to be in.”

Judge Sean Morris, the Recorder of York — who heard Wade-Smith’s original case in September — adjourned sentencing until November to allow a full victim impact statement to be taken from Wade-Smith’s former wife.

He told Mr Campbell that Wade-Smith should have gone back to the council the day after his release to access the hostel place that had been arranged for him by the court.

He added:

“He isn’t stupid, this man. He should have gone the next day.”

Wade-Smith is due to be sentenced on Friday, November 18.

A Porsche driver who killed a cyclist while allegedly using his phone has been found not guilty of causing death by dangerous driving.

James Bryan, 37, was rushing to get some shopping for his parents during the covid lockdown when his Porsche Carrera 911 ploughed into the back of a bicycle ridden by married father-of-two Andrew Jackson, 36, on the A168 between Wetherby and Boroughbridge, York Crown Court heard.

The prosecution claimed that at the time of the collision, Mr Bryan had been using his mobile and pointed to evidence that showed his Facebook and Instagram accounts were open.

A jury essentially had to decide the case on the single issue of whether Mr Bryan had been using his phone at the time of the fatal crash, which occurred on the afternoon of May 10, 2020.

Mr Bryan denied he was using his phone.

After deliberating long into the afternoon today (Friday, September 23), the jury found him not guilty of causing death by dangerous driving. However, he had already admitted causing death by careless driving and will be sentenced for that offence in October.

Social media claims

During the trial, which began earlier this week, prosecutor Anne Richardson alleged that in the moments before the crash at Allerton Park, Mr Bryan must have been distracted by “something” because Mr Jackson was clearly visible.

She claimed that evidence showed he must have been looking at, scrolling through, or reading posts on social media.

Mr Bryan had taken cocaine and been drinking at his friend’s house in Cheshire the night before the fatal collision at Rabbit Hill Park.

A roadside test in the aftermath of the crash showed that although he wasn’t over the limit for either drink or drugs, there were traces of cocaine, or a cocaine breakdown product, in his system.

Ms Richardson claimed that Bryan, who celebrated his 35th birthday just two days before the accident, would have been impaired by the drugs in his system and from being hungover and tired from the alcohol and festivities the night before.

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He was on the way to drop some groceries off at his parents’ house who were isolating during the covid lockdown when the accident occurred at about 1.40pm. Ms Richardson said:

“The front of the Porsche collided with the rear of Mr Jackson’s bike and Andrew Jackson came off his bike, went up in the air and hit his head on the windscreen and roof of the car, and landed on the road behind the car.

“He was pronounced dead at the scene by an off-duty intensive-care consultant.”

“This is an incredibly sad case. A young mother has lost her husband and father to two (very young) children. Her in-laws have lost their only son.”

Mr Bryan, of St Mary’s Avenue, Harrogate, was arrested and charged with causing death by dangerous driving. He denied the allegation but admitted causing death by careless driving in that he didn’t leave enough room to drive around the bicycle.

Ms Richardson claimed Mr Bryan’s driving was dangerous because he “wasn’t looking at the road ahead of him” as his car approached Mr Jackson.

Died from head injuries

Mr Bryan – who had been at a birthday barbecue in Wilmslow the night before and set off for home early the following morning – called 999 moments after the accident and told a call operator he thought the cyclist was dead.

Other motorists, including the off-duty doctor and his medically trained wife, were on the scene in minutes and called police and an ambulance, but Mr Jackson had already died from head injuries.

Forensic analysis of Mr Bryan’s phone showed that it was unlocked in the moments before the crash and the Instagram and Facebook apps were open.

Mr Bryan was taken in for questioning and told police that Mr Jackson, who lived locally, “came out of nowhere” but then claimed the cyclist had veered into the middle of the road and that he had tried to overtake him, only for the cyclist to “swerve into my path”.

An accident investigator who carried out a reconstruction of the accident said the bike was not in the middle of the road, but on the edge of the carriageway, near a grass verge, and that Mr Bryan had not tried to move around the bicycle.

In one message found on Mr Bryan’s phone on the way back from Cheshire, he told a friend he was hungover from the night before and was “concerned about being late for his parents with their shopping”.

In another sent by Mr Bryan to a female friend while he was at the birthday party the previous night, he told her: “I’m so drunk I can’t see.”

Defence barrister Sophia Dower claimed that Mr Bryan was in a “fit and proper state” to drive and was not using his phone at the time of the crash.

She claimed that Mr Jackson’s bike had veered right from the edge of the road into the path of Mr Bryan’s black Porsche, and that her client “didn’t have enough time to react”.

The off-duty doctor who was at the scene said Mr Jackson had suffered a serious head injury and his helmet was broken.

Mr Bryan will be sentenced on October 21.

Jackson family statement

The Jackson family issued the following statement yesterday after the verdict:

“The outcome from today doesn’t change anything for us; we are still learning to live with the gaping hole in our lives left by Andrew.

“However, it is important we were here to represent Andrew, to get justice for him and to show just how much he is still loved and missed.

“We all deserve to feel safe on our roads and to make it home to our loved ones.

“We respectfully ask for time and space for our family to process the events of this week as we continue to grieve for our husband, father, son and friend.”