FISHBURN MAN WHO LOST HIS TEMPER WITH A BOY AND HIT HIM WITH A BOX IS SENTENCED
A man lost his temper with a young child having a tantrum and lashed out at the boy, slapping him across the face and hitting him over the head with a box.Christopher Burr also threatened to “knock his f***ing teeth out” during the incident, which arose over a broken toy.
The 54-year-old defendant of Chater Terrace, Fishburn, County Durham, appeared at Teesside Crown Court for sentence on Friday (March 14), having admitted an offence of common assault on the day of a scheduled trial at Durham Crown Court, in January.
His plea to common assault was a direct alternative to the original count of assault causing actual bodily harm.
The prosecution had been notified of the defendant’s intended plea and considered it to be “acceptable”.
Adrian Strong, prosecuting, told today’s (Friday’) sentencing hearing that the boy, who was “clearly upset”, had a scratch under his eye after the incident, but it was accepted the defendant did not cause that injury.
It was later, when the boy disclosed details of the incident to another adult, that it was brought to the attention of police.
Mr Strong said the defendant told police he had slapped the boy because he was misbehaving, but he claimed it was, “with no real force”.
But when asked, the boy said he felt “ten out of ten” for the hurt caused by the slap and six out of ten for the pain of being hit over the head with the box.
Burr was said to have no previous offences of violence on his record, which is limited to a matter of dishonesty and a motoring offence, with nothing since 2009.
Liam O’Brien, in mitigation, said the offence was “out of character” for the defendant.
“He’s dealt badly with the situation that presented itself.
“I would ask the court to show a degree of leniency in this case.
“It was an offence involving only that boy and did not extend to other individuals.
It was a brief incident over a short time.” Recorder Richard Wright KC intervened, however, and said: “That little lad will have been terrified of the defendant.
“But it’s right to say there has been some time since that offence was committed and there has been no repetition.
It seems to me that it’s not necessary for me to send Mr Burr immediately into custody.
”I’m minded to impose a curfew requirement, as a punitive element.” Addressing the defendant, who the court heard was not in the best of health, Recorder Wright told him: “You are a big man, but you are in bad shape.
“That young boy wouldn’t have known that.
“What he would have seen was a big man throwing his weight around, threatening to knock his f***ing teeth out, and hitting him.
That would have been very distressing to a young child.
“You need to think of it from the perspective of that kiddie.
“The incident would have been distressing, but what sort of example would that have set.
You are setting an appalling example about behaviour and resorting to losing your temper and using your hands.
“It’s completely unacceptable.
But it’s well over a year ago and you have no previous for violence, so I’m treating it as an isolated incident.” Recorder Wright told the defendant: “A community order of 18 months’ duration is appropriate with 20 rehabilitation activity days, working with the Probation Service over your temper and your ability to manage your temper.” Burr was also made subject of a three-month, 8pm to 6am, electronically monitored home curfew.
He was warned, however, that if he breaches the order, “all options will be back on the table.” The Recorder added: “I’m giving you this opportunity, but think how you behave.
“You need to be doing better than this at your age.”
