It has been another busy week in the courts in Hull.
If you have not been able to keep up with the latest court proceedings, we have compiled a round-up of the latest cases heard.
It includes a man who tried to warn a sex offender that “people were after him” and a family “breadwinner” spared jail after smashing a glass over someone’s head in a Hull nightclub.
Also appearing in court this week was a man high on spice who threatened to wrap a bike chain around someone’s neck.
Below you will find all the details of those we have covered appearing in court from Monday, April 15, to Friday, April 19.
The latest cases in the courts
‘Breadwinner’ who glassed man’s neck in Atik nightclub spared jail so family aren’t left homeless
A family “breadwinner” who smashed a glass bottle over a man’s head in a Hull nightclub was spared jail as his family would “lose the roof over their heads”.
Derren Winspear, 25, admitted to grievous bodily harm without intent after attacking his victim by smashing a glass bottle over his head in Atik nighclub in March 2018.
CCTV footage from the club captured Winspear standing underneath an archway with his girlfriend before lunging towards his victim, with witnesses saying they saw him use the bottle as a weapon.
The victim was covered in blood and was taken to hospital for emergency treatment after suffering a four inch cut to his neck.
Fortunately, the injuries were not life threatening and no serious internal damage was caused, but, the victim will live with the scars for the rest of his life.
Prosecuting barrister, Julia Baggs said: “The complainant now has trouble sleeping and gets anxious at night time.
“He has become very aware of his surroundings when going out and rarely goes on nights out anymore. He has not been to the same club since.
“He has a scar to his neck that is visible under his collar. He has been asked about the scar in job interviews and feels people are judging him as a result of him being attacked in a nightclub.
“The victim is constantly asked by random people about it, which makes him feel conscious about the scar.
“He feels that the whole thing has changed him as a person and would not wish this on anyone.”
Winspear had not realised the damage he had caused until he was arrested and interviewed the following day by police and was shown photographs of the victim’s injuries.
Defence barrister Andrea Parnham suggested that Winspear was acting in “excessive self-defence” and was “remorseful” for the horrific injuries he had caused.
She said: “Mr Winspear is stood with the bottle down by his side and something catches his eye. He does turn with the bottle and he fully accepts that his actions were not reasonable.
“But there is an element of excessive self-defence. He perceives he was under threat by the victim. In my submission that does have some significance.
“He has no relevant previous convictions. It was a single blow and he is remorseful for his actions.
“It is not until the next day when he is arrested and realises the injuries caused. He is shown the photos in interview and becomes upset and shocked. It was never his intention to cause such injuries.”
Winspear had been looking at a custodial sentence of at least two and a half years in prison, putting him over the limit to receive a suspended sentence.
However, after adjourning the case overnight to consider the ramifications of sending Winspear into immediate custody, Judge Paul Watson QC sent him home.
“You are the breadwinner for your family and you have a good job and bring home a good wage. You would lose that and the family would lose the roof over their heads.
“I have given your case a great deal of thought.
“I have thought about it and thought about it and have decided, bearing in mind the personal mitigation and two references that speak highly in your favour, to send you home.”
Winspear was given a 21 month sentence, suspended for two years.
He must also adhere to a four month curfew and remain at home between the hours of 10pm and 6am. Judge Watson also ordered Winspear to complete 120 hours of unpaid work and pay £1,000 in compensation to the victim.
Cocaine courier caught out by police spared jail thanks to influential girlfriend
A young drug courier who says he has turned his back on crime thanks to an influential girlfriend has been spared jail.
Luke Phillips was only 19 when he was caught riding a motocross bike in Orchard Park in August 2017. Police approached him over traffic offences but, as he was being questioned, officers noticed he had a blue wrapper on him.
It contained 29.3 grams of high level purity cocaine estimated to be worth between £1,500 and £2,000.
Phillips, of Clanthorpe, Orchard Park, pleaded guilty to possession with intent to supply class A but was given a deferred sentence when he first appeared in court.
Now aged 20, Phillips returned to Hull Crown Court on Monday, April 15, where Judge Paul Watson QC said to him: “When you appeared before me there was indication that you had got into a new relationship and she was having a good influence on your life.
“Since your arrest you have had a [child] and there was something that led me to think that it might be worth giving you an exceptional opportunity.”
The court heard Phillips had taken the “exceptional opportunity” given to him “with both hands” and turned his back on crime and drugs.
Defending barrister Stephen Robinson said: “He is starting to sort his life out. He has been on various courses with the job centre.
“He is off the drugs and has distanced himself from his old acquaintances.”
Phillips was given a 12 month sentence suspended for 12 months and must also complete 180 hours of unpaid work.
Judge Watson added: “It is still up to you. You are by no means out of the woods but you have come a long way so far.”
Man high on Spice threatens to ‘wrap bike chain around man’s neck’ in bizarre phone box calls
A Hull man high on Spice threatened to wrap a bike chain around a man’s neck in repeated calls from a public phone box.
Police traced Billy Fairburn, of Burnby Close, west Hull, to a phone box in Calvert Lane, where he was found with a knife in his pocket and was aggressive, agitated and high on the class B drug.
Fairburn, 21, had been making threatening calls to the police about a man he alleged had stolen his motorbike.
In the calls, he threatened to attack the man with the motorbike chain, and said he would use the knife on the man and then himself.
The calls began at 10.50pm and at 12.18am on March 22, police traced Fairburn to the phone box and sent officers there.
At first Fairburn tried to flee the scene and discarded the motorbike chain on the pavement as he ran.
He was soon caught by police, who detained him. During the arrest, Fairburn was “aggressive and obtrusive” and officers also found a knife with a three inch blade on him.
Even after he had been apprehended by police, Fairburn continued to make threats about the man, telling officers: “I swear I’ll do damage to him.”
Fairburn was sentenced to a two year community order, where he will have to attend a Thinking Skills programme and 20 rehabilitation activity requirement days.
He was also given a three month curfew, where he must remain at home between 7pm and 6am.
Thief smashes stolen car into laundrette – as its owner desperately clings onto the bonnet
A prolific criminal smashed a stolen car into a laundrette while its owner was clinging onto the vehicle’s bonnet for his life.
Carl Moore, 40, was high on cocaine when he broke into a Driffield house at 11pm last Christmas Eve after he “missed the last bus home” whilst visiting his mother.
Hull Crown Court heard Moore “wanted to be at home for Christmas to see his kids”, so cruelly took car keys left in the kitchen and made off in the vehicle.
But one of the men in the house saw the Renault Clio was being taken and ran outside to try to stop him.
He put his head in the driver’s side window but, in a desperate getaway bid, Moore wheel-spinned the car and tried to accelerate off, leaving the car’s owner clinging onto the bonnet.
The man was thrown into the wall of a laundrette after Moore smashed the car into it. Fortunately, he escaped unscathed but £3,000 worth of damage was caused to the building, as well as damage to the car.
Moore was detained by the owner and the victim’s brothers until the police arrived.
Judge Paul Watson QC gave Moore a 26 month prison sentence, as well as revoking his driving licence. He said Moore had “driven like a lunatic” and should be relieved the crash “did not end in tragedy”.
“It could have all ended in tragedy, and it is merciful that it did not,” Judge Watson said.
Moore was banned from driving for three years and nine months and has to take an extended test before getting his licence back.
Moore, who was dressed in a black Adidas top and grey jogging trousers, gave a thumbs up to his family sitting in the gallery as he was taken away, and they shouted to him “we love you” and “keep your head down” as he was led away.
Mum gets restraining order against her own son
A man threw a TV up the stairs and headbutted three doors in a drug-fuelled rage.
Prosecuting, Mr James Byatt said Clixby’s mother was woken up by him at 3am on Wednesday, April 17, before he went on the shocking rampage.
Mr Byatt said Clixby told police he was high on amphetamines and had been very apologetic.
He said: “His mum did say that he does take drugs and they do affect him badly, causes him mental health issues and make him aggressive.
“He woke her up at 3am, picked up the TV and threw it at the stairs.
“He went on to headbutt the three doors and she called the police.”
Mr Byatt said Clixby’s mother has “reached her end and is scared” and has now asked for a restraining order against her son.
He said: “She believes he has a serious problem with drugs and doesn’t want him there and has requested a restraining order.”
Representing Clixby, Mr Robin Smith said he would be “upset” to hear his mother had a restraining order put against him and said: “He spends his time between his mother’s house and his grandmother’s.
“He was very remorseful during his interview to such an extent he was quite tearful about the situation.”
Mr Smith said Clixby, who pleaded guilty to unlawfully causing damage to three internal doors, understood he would have to keep complying with the probation service.
Appealing to the magistrates, Mr Smith said: “I hope you don’t think this offences isn’t at the level of a custodial sentence.
“He is very sorry and although that doesn’t help his mum it does look like their relationship has broken down to the level where she needs the support of a restraining order and he needs to behave himself at his grandmother’s.”
The magistrates said Clixby will have to learn to work around the restraining order and could get someone to pick his belongings up for him, or could do so with a police escort.
He was ordered to pay and £85 victim surcharge and £85 in costs.
Man jailed after trying to warn sex offender ‘people were after him’
A man has been jailed after warning a convicted sex offender that “people were after him.”
Paul Newman, 53, of Otley Close, east Hull, has a restraining order against the man, but decided to warn the convicted offender he had heard that some people in north Hull found out about the man’s criminal past and “wanted to go and see him”.
He appeared at Hull Magistrates’ Court which heard the order had been placed on February 18, this year.
Prosecuting and speaking of what happened that night, Mr James Byatt said: “He attended at the door saying he wanted to speak to him and he was asked to leave. He kept banging and when the police turned up they thought he was drunk, which he admitted when arrested.
“The victim is worried and wants a normal life.”
Representing Newman, Mr Richard Fowler said that he had been trying to warn the man from an impending attack.
He said: “He contacted a sex offender, who is the complainant, and decided the time was right after having a drink and understanding that people in north Hull found out where he lived and he wanted to go and see him and warn him.
“The defendant said he was trying to tell him and approached him but he does accept that he was in breach. There was no suggestion that any threats were made, the complainant opened the window and told him to go away.
“The defendant being there was in breach of his suspended sentence and the conditional discharge.”
Magistrates’ sentenced Newman to 14 weeks imprisonment and he must also pay a £115 victim surcharge.
Criminal found in street with knife hours after talking partner out of suicide
Michael Campbell, 28, of Newington Street, west Hull, was detained by Humberside Police under a warrant on March 18 and found with the knife inside his jacket.
As soon as he was caught with the weapon, he said to officers: “I admit to having a knife – can I be taken straight to court please?”
But Campbell argued he only had the knife on him to aid him whilst he was out shoplifting, in order to cut the security tags off DVDs he was stealing to sell on and fund his drug habit.
Hull Crown Court heard that despite Campbell only being 28 years old, he had 28 convictions for 66 offences, 12 of these being for violence and 11 for theft.
The latest cases in the courts
The prosecution also told the court that Campbell had previously been convicted in April 2011 and October 2017 for carrying a bladed article.
Speaking in his defence, Campbell’s barrister told Recorder Cook the defendant was “very remorseful” for his actions, and handed the judge a handwritten letter from Campbell which the counsel said was “impressive” and “came from the heart”.
In the letter and in his defence, Campbell claimed that he only took the knife out with him to use in shoplifting to cut off security tags, and was in a state of distress after talking his girlfriend from committing suicide earlier in the day that the crime was committed.
Watch: Law on carrying knives
“The defendant has no children and is unemployed – he lives locally in rented accommodation with with a friend and has a female partner,” said his defence barrister.
“He has an unenviable criminal record with two similar offences to the one he is charged with today, but he is very remorseful and angry with himself to be appearing before the court again.
“Mr Campbell was not going to use the knife in a violent crime, and instead had it on his person to cut off security tags from DVDs in order to steal them and then sell them on to raise money to buy heroin, which he has a serious addiction to.
Hull crime news
“He has also been through a traumatic event that day, when he had to talk his partner out of killing herself.
“The defendant did not brandish the knife in any way and even forgot that it was in his pocket until he was searched.
“He has been remarkably honest and frank and expects to go into custody and be locked up, but taking the knife out even though extremely was foolish had the root cause behind it of drug addiction, and without this, the defendant may well have been able to live a profitable and fruitful life.
“This sadly is a story heard too many times in the courts”.
After hearing all the evidence, Recorder Cook gave Campbell a 12 month prison sentence, as well as applying a victim surcharge and forfeiture and destruction of the knife.
“You have an appalling record including two offences of possessing a bladed article in 2011 and 2017,” said the judge.
“A black handled steak knife, a very dangerous weapon that can do serious harm and ultimately kill someone, was found on your person after the police detained and searched you.
“You said it was to be used in the commission of shoplifting to cut off security tags, but if you were confronted whilst stealing then who knows what you would have done with the knife – it’s lucky that you’re not here for a more serious offence.”
Man ends up in court after arguing with mum about his brother’s job
A man has appeared in court following a fall-out with his mum over his younger brother’s work ethic.
Adam Windass, 32, of no fixed abode, appeared at Hull Magistrates’ Court on Thursday morning after he failed to let his probation worker know he had moved out from his mum’s house when they had a row about whether his younger brother should get a job.
The probation service said Windass had behaved in an “unacceptable manner” and had “failed to stay at an address provided to his supervisor.”
Windass accepted that he did not stay at the address he said he would be at.
A representative for the probation service said Windass had been staying with his mother after being released from a 14-week custodial sentence on Christmas Eve. His license ended on February 25 but his manager said he was “unmanageable in the community.”
Representing Windass, Mr Richard Fowler said: “He was released for Christmas and has been given post-sentence supervision and has had no further offences.
“He was involved in a dispute about his young brother who he said should be looking for work.”
Mr Fowler said Windass had been taking anger management sessions and, in the argument with his mother, had used techniques learnt there and “got out of the situation” before it went further.
He said: “They say that if you get into a situation you should get yourself out of it and he applied that and he got out of the house. For a period of time he wasn’t where he should have been.
“His approach was to contact his partner’s father and he lived with him.”
The probation representative said Windass was due for mention for sentence at Hull Crown Court for another matter and failed to turn up for a pre-trial report appointment.
He said: “He is high risk and we are requesting he is given 14-weeks custody for the breach.”
Mr Fowler said the probation service “knew where he was and he was engaging with them for the pre-sentence report.”
He added: “In 2017, he was involved in an incident at HMP Humber and received 14 months after for affray, which he pleaded guilty to, but his co-accused pleaded not guilty and the matter went on and on and continues to go on.
“The matter is listed for sentence next week having managed since January to stay out of trouble.”
Mr Fowler said on Wednesday, April 17, Windass had an appointment with the probation service to help with the pre-sentence report and he said it was being managed by people who knew where he was living.
He added: “He was picked up by the police in relation to this matter and was at Clough Road police station in custody so didn’t go there.
“That appointment has now been missed to arrest him for this matter, and that will then delay the thing that has been going on for two years.”
Mr Fowler said Windass has been “trying to turn his life around” and is “working full-time as a self-employed brick layer” and was concerned a custodial sentence would eradicate that.
He also said Windass had been in a stable relationship since January and had been worried about how a custodial sentence would impact that.
The magistrates’ spared him for a custodial sentence and said: “We have listened carefully to what has been said and on balance we feel that you got away from the situation and you made it clear where you were.”
Windass was ordered to pay a fine of £40 and a £30 victim surcharge which must be paid on 56 days.
Man keeps committing crimes to get deported – but he’s not allowed
A Latvian man has told police he will keep re-offending until he gets deported back to his own country.
Elgars Vanhags, 29, has appeared at Hull Magistrates’ Court three times this week after smashing windows at a Goole council building and a flat on Scale Lane in Hull city centre, the latter of which happened just moments after he had been spared jail.
Prosecuting, Mr James Byatt told the court that Vanhags had the contract to his rented accommodation in Goole ripped up after he threw a microwave through the window.
He said: “He always admits [his crimes] to police and says he wants deporting. On Tuesday this week, he threw a brick through the window at the Goole council offices and on Wednesday, April 17 he left the court, went down Scale Lane and threw a stone through a window, damaging four windows.
“He stayed until the police turned up and said, ‘I did it, I want to be deported, I will keep re-offending until you deport me.'”
Mr Robin Smith, who represented Vanhags for two days in a row at the court, said he has been living in the UK for six years, had a good work ethic and has been working in the country up until very recently.
He said: “Something has happened whereby some people in Goole are threatening…for police action. It seems this is the key behind him deliberately smashing windows, handing himself in and committing further offences.
“He came to court, I put to him the lay charges and made it clear to him this is not the way to get deported and the process doesn’t work like that.
“Within half an hour, I had just left court but saw him hanging around outside and was going to have another chat with him.
“Within minutes he must have walked further down and done it. He will be happy to tell you that if he is released today that is what he will do again.”
The court heard Vanhags has lost his tenancy in Goole and has been told by court staff to spend time at a hostel, but has chosen to sleep on the streets.
“He believes that this is the way he will get back to Latvia,” Mr Smith added.
The Magistrates’ told Vanhags: “It is obvious that this behaviour is unacceptable but this isn’t the way to get out of the country.”
They ordered him to serve a 12 week prison sentence, and told him “to take some time to think of his actions and find a better way to get back to your country.”
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