A dad who attacked a work colleague with a hammer after saying he would kill him has avoided jail.
Liverpool Crown Court heard then-colleagues Dean Simpkin and Christopher Littler went to the pub together on the evening of July 9, 2021. Nardeen Nemat, prosecuting. told the court that, when Mr Littler returned home, his partner told him she had received a message from Simpkin's partner accusing her of selling photographs of herself to another man.
At around 9pm, Mr Littler went to Simpkin's address on Bramhall Street, Warrington to confront him about the message. He was told by Simpkin's partner he was not home.
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Miss Nemat said Mr Littler's partner then received a message from Simpkin at around 11pm, which read: "I'm going to kill the c***". Mr Littler returned to Simpkin's address and he came outside to talk.
Simpkin, a father of five who is originally from Wigan, then attacked Mr Littler, who felt blows to his back and fell to the floor, before sustaining continued blows to his body. Turning around, Mr Littler saw Simpkin holding a hammer as he shouted and swore.
The court heard Mr Littler kicked out at Simpkin in self-defence, before Simpkin's partner came out and pulled him away. A medical report confirmed Mr Littler's injuries were consistent with an attack from a claw hammer - his left wrist was broken in two places, while his left forearm was fractured and he also sustained a laceration to the neck as well as cuts to his legs and arms.
Simpkin was arrested in the early hours of July 10, 2021 in connection with the assault. He was charged with inflicting grievous bodily harm with intent, possession of an offensive weapon and possession of a controlled class A drug.
Mr Littler's victim impact statements, read to the court by Miss Nemat, said the incident affected his professional and personal life. He said his injuries meant he could not use his hands properly, thus leaving him unable to return to work as a self-employed labourer for some time.
Additionally, he said he had to relocate and move his children into a new school, as he no longer felt comfortable living in the area. Mr Littler said he was constantly looking over his shoulder and became scared to go out.
He added: "I turned to alcohol to block out the incident" and said he was taking medication for anxiety, saying "financial worry and stress ate away at me".
Simpkin, who has 12 previous convictions for 41 offences, originally pleaded not guilty to charges of assault, claiming he was acting in self-defence. He pleaded guilty to possession of cocaine.
On May 4, 2022, Simpkin pleaded guilty to assault and the possession of the hammer. At Liverpool Crown Court on Wednesday (July 27), Judge Watson, QC told Simpkin his actions showed he had "grossly overreacted" to the situation. The judge handed him a 20 month sentence, suspended for 18 months, as well as a restraining order - keeping Simpkin away from Mr Littler and his partner for four years.
The judge said that though Mr Littler had confronted Simpkin, his response was not proportionate. He said: "You completely overreacted. You could easily have stayed inside and called the police. Instead, you went outside with a hammer and attacked him".
Reminding Simpkin that keeping the terms of his sentence will keep him out of prison, Judge Watson added: "It is up to you whether you serve this or not".
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