A FORMER drug addict barged over a vulnerable man and broke his arm while 'looking for his uncle' to sort out a family issue in Worcester.
James McIver shoulder-charged Clive Pitt, 'the lodger' at an address in Worcester, causing him to fall to the floor and break his upper arm.
The 44-year-old defendant of Linden Road, Worcester, walked free after he was sentenced for inflicting grievous bodily harm on November 16 last, appearing before Judge Martin Jackson at Worcester Crown Court on Monday. McIver initially denied the attack only to plead guilty on October 5 this year - what would have been the first day of trial.
Andrew Davidson, prosecuting, said after the incident, McIver left the property and headed in the direction of London Road in Worcester.
Police also attended after the victim called them. He was described by officers as being 'clearly shocked by what had happened'. He was also identified as being 'vulnerable' by the Crown.
"He was asked if he wanted an ambulance because he was in so much pain in his shoulder. He refused medical treatment initially. Due to the discomfort he was in, an ambulance was called on his behalf regardless of this not being wanted" said the prosecutor.
Photographs were presented to the judge showed 'considerable bruising to the arm'.
The victim was taken to A&E at the Alexandra Hospital in Redditch and an X-ray revealed a closed fracture to the head of the right humerus.
When interviewed at Worcester Police Station McIver said 'I just pushed him' and he had 'fallen over on account of being drunk'.
The court heard how the victim had previously suffered a stroke and a brain haemorrhage. However, before the incident he said he had been 'still able to leave the house by myself'. With difficulty he had been able to get up and down the stairs before this.
"Since the incident, I can't get up and down the stairs unattended" he said in a victim personal statement.
Mr Davidson added: "He says he doubts he will go back to work. He's on statutory sick pay."
McIver has 18 offences previous convictions recorded against him arising out of 15 court appearances including a number for theft and drunk and disorderly offences.
The defendant also has relevant previous convictions - battery from September 13, 2002 for which he received a community order varied to a month in prison, violent disorder from February 21, 2003 which resulted in four months in prison, two further offences of battery from April 11, 2003 which resulted in four months imprisonment. His most recent conviction was a criminal damage from May 10, 2018.
Jason Aris, defending, asked that he be given a 10 per cent discount in the length of any custodial sentence to reflect his guilty plea, entered on the day of trial.
Describing his previous convictions as 'very antiquated', Mr Aris said: "You have a 44-year-old man who has been out of trouble for quite a significant period of time. He has stable accommodation and he's in a relationship that has been in existence now for seven years. She is a good influence upon him" said Mr Aris.
He added: "This is a man who has shown regret for his role in the offence. Even when he battled a rather vicious and evil addiction to drugs back in 1996 to 2005, it was the defendant who took the steps to ensure he got himself out of that mischief by addressing the problems head on."
Judge Martin Jackson said 'serious injury' had been caused but accepted that McIver 'may not have realised how badly injured he was at the time'. He said: "You were at your uncle's house, apparently looking for your uncle because of issues concerning your family."
He sentenced McIver to nine months in prison suspended for two years. He also ordered that McIver pay £500 in compensation to the victim.
McIver must complete 160 hours of unpaid work and 20 rehabilitation activity requirement days. A three month electronically monitored curfew will be in force between 9pm and 6am. No order was made for costs and no victim surcharge was imposed.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here