Man kicked fellow HMO resident so hard he broke his hip during argument over loud music
Shrewsbury Crown Court has been told Gavin Tivey, 35, of Sutton Hill, rained kicks and punches following an argument over the music dropping in the multiple occupancy house (HMO).
Tivey received an 18-month suspended prison sentence.
Suzanne Francis, prosecuting, told Recorder President M Brown that the victim, a Mr Campbell, asked Tivey to turn down his music on July 1, 2021, as he was due to be at work at 5 a.m. morning the next day.
At 5.30pm on July 2, she said Tivey ‘rushed’ to Mr Campbell’s, where the front door had been left open, and started ‘raining blows’ on his head and body of his victim while he was in his room.
He had used so much force that Tivey’s hands became swollen, the court heard on Friday.
Mr Campbell curled up trying to protect himself and felt pain in his hip. Tivey then left him on the ground.
The victim had undergone hip replacement surgery only two years previously and was able to call the police on his mobile phone. While on the phone with officers, the court heard that Tivey was screaming.
Mr Campbell was taken to Princess Royal Hospital, Telford, where he underwent an x-ray and CT scan and was found to have a broken left femur, at a location near the joint from the replacement operation hip. He had surgery on July 5 and spent 10 days in hospital, the court heard.
Tivey was found guilty of pleading guilty.
In a victim impact statement, Mr Campbell said he had suffered from anxiety and stress since the attack, had to use double crutches, felt constantly nervous and “I can’t seem to trust people”.
He was also in pain, taking medication and had a 12 to 16 inch scar from the surgery, and was told it would take 18 months to heal.
The court was told he had a “non-existent social life” and had lost his job and income.
Llana Davis, defending, said Tivey suffered trauma, had mental health issues and had an alcohol and drug problem.
“He is sorry and expresses remorse for the pain caused, and disappointed and shocked by the way he acted.”
He was also seeking help for his drug and alcohol problems, but was struggling.
The court heard Tivey had been living on benefits since being diagnosed with schizophrenia 10 years ago.
Probation had deemed Tivey a low risk.
Recorder Mr Brown, chairman, said Tivey agreed to punch and kick his victim in the face but not in the hip, although he accepted the harm was his fault.
An aggravating factor was that the assault took place at the victim’s home. A mitigating factor was that Tivey had no previous convictions and was turning to services to try to help him.
“It is so serious that only a custodial sentence is warranted,” the Recorder said. He handed down an 18-month sentence, which included a six-month plea credit.
He decided to suspend the sentence for two years due to positive references and his attempts at recovery.
But he warned Tivey that if he commits an offense within the next two years, his prison sentence could be activated. He was also ordered to attend 20 days of rehabilitation work.
Recorder Brown decided not to impose an order of £670 as Tivey was not at work.