Police found bloodied victim unconscious, outside County Durham home

The complainant had called his dad for a lift home following the earlier clash at Shane McKie’s home, in Chester-le-Street.

But as he reached his own home, elsewhere in the town, and began to emerge from his dad’s car, he was struck in the face and nose by John McKie.

Teesside Crown Court was told McKie rained further blows on the victim who was knocked unconscious and could only recall coming around when roused by a police officer.

Zaiban Alam, prosecuting, told the court the victim was covered in blood, but McKie had left by the time the officer attended.

The victim, who suffers with muscular dystrophy, received treatment for a broken nose, a laceration to his head, plus bruising and swelling to his head and body before being discharged.

McKie was later arrested and denied responsibility for the attack, claiming he was at home in bed at the time of the incident, on June 4, 2022.

He claimed he had not seen the complainant for the previous five years.

McKie, 54, of Wagtail Terrace, Craghead, near Stanley, maintained his denials until the day of his trial at Durham Crown Court, on September 29 this year, when he admitted unlawful wounding.

But he was acquitted of the more serious offence of wounding with intent.

Tony Davis, for the defendant, conceded there was a “prolonged and persistent” nature to the assault.

But he said it took place more than three years ago, a delay which was not all the making of the defendant.

Judge Richard Bennett intervened, telling Mr Davis: “He only pleaded at trial having lied about his involvement up to then.”

Mr Davis replied: “He did, I can’t argue about that.

“Eventually he had the good sense to admit an alternative to the original offence.”

Mr Davis said the defendant has remained otherwise out of trouble since 2014, despite “episodes of harassment” of him and his family.

He said the defendant, “doesn’t present as a danger generally” and acts as carer to his wife, who has “complex health issues”, while he also offers daily support to his son.

Mr Davis said despite his strong work ethic the defendant can no longer work due to spinal problems.

Urging Judge Bennett to pass a suspended prison sentence, Mr Davis added: “He probably won’t trouble the courts again.

“This has been a shock having involvement with the criminal justice system and having a trial pending.”

The judge told McKie that after the victim was collected and taken home, he “took it upon himself” to drive there to assault him.

“He not only had a physical disability, but he was trapped inside a vehicle, and you repeatedly hit him, causing those injuries, yet you denied being present until the day of trial.”

Having read a pre-sentence report the judge noted the defendant has been diagnosed with depression and PTSD, having himself been assaulted ten years ago.

Passing a two-year prison sentence, Judge Bennett agreed to suspend it for two years, having read a probation service assessment that the defendant presents a low risk of re-offending.

He also added that imposing an immediate prison sentence would only impact on his wife, “an entirely innocent party”.

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But he made McKie subject of a six-month overnight home curfew and imposed an indefinite restraining order relating to the victim, “given the long-term problems with this family.”

The defendant’s son, Shane McKie, 24, of Cleveland Avenue, Chester-le-Street, admitted common assault of the same complainant in the earlier confrontation on the same day, in June 2022.

He was fined £450 with a £180 statutory surcharge on the day he made the guilty plea, at Durham Crown Court, on September 29.