A Leamington man who slashed his brother’s face with a curved, double-bladed herb cutter during a confrontation in the street has been jailed.
Sean Smyth, 39, of Clare Close, Leamington, had originally pleaded not guilty at Warwick Crown Court to maliciously wounding his brother, claiming he had been acting in self-defence.
But on the day he was due to stand trial he finally admitted responsibility for the attack as long ago as December 2013, which has left his brother with permanent scars.
He was jailed for 15 months after an adjournment for a pre-sentence report.
The victim of the attack was Andrew Phillipson who, although they do not share surnames, is Smyth’s younger brother.
In September 2013 Mr Phillipson moved into Smyth’s home in Clare Close for six to eight weeks. He subsequently moved out after the relationship deteriorated.
On December 13, Mr Phillipson was in a pub when he had a call from a number he did not recognise. It was Smyth, who was slurring his words, so he hung up. He left the pub and began to walk to the home of a friend.
Mr Garcha said: “As he approached the junction of Buckley Road and Mason Avenue he saw his friend, but also saw the defendant running from the direction of Clare Close.
“He stopped, and the defendant ran up to him and punched him to the face.
“He then felt a different blow with a hard object, causing a sharp pain as if he had been slashed, and he began to bleed.
“To defend himself he punched back at his older brother, who fell to the floor, and Mr Phillipson punched him further to prevent him getting back up and continuing the assault.”
But Mr Garcha pointed out that Smyth had entered his plea on the basis that his brother had called to him, and attacked him when he went over to see what he wanted.
Mr Phillipson had wounds around his left eye and ear, a wound to his lower lip, a missing tooth and other teeth loosened as a result of his brother’s attack.
Charles Crinion, defending, said: “A considerable amount of time has passed since this offence, and I would ask you to pass a suspended sentence with an alcohol treatment requirement.”
Recorder Adrian Redgrave QC asked: “What was he doing out in the street at night with a seriously sharp double-bladed implement like this?”
Mr Crinion said Smyth was not clear why he had it, but pointed out there had been no further issues between the brothers in the last two-and-a-half years.
Jailing Smyth, Recorder Redgrave told him: “You decided to go out onto the street with that weapon, and the effect has been serious as far as your brother is concerned.”