A man acted “instinctively and impulsively” when he picked up a hammer used for DIY jobs and intervened in a fight near his home.
Bath Magistrates’ Court
At Bath Magistrates’ Court last Wednesday, 1st April, Stephen Gray admitted assault causing actual bodily harm to Michael Cabry in Keynsham.
Representing Gray, solicitor Mark O’Donnell told the court that he admitted the offence on a “basis of plea”, which enables a defendant to explain his version of events and the extent of culpability accepted.
The assault took place back on 6th July 2024. Prosecutor Maree Doyle told magistrates it was “concerning” that the case had taken so long to get to court.
“The police seem to have taken their time for whatever reason – it is not an ideal situation,” she said.
Ms Doyle explained that there had been a fight on a green near the flats in Keynsham where Gray was living at the time.
Gray had become involved by going out with a hammer and hitting Mr Cabry over the head. An ambulance was called and Mr Cabry was taken to hospital, but no stitches were required to his head.
Ms Doyle added that Gray had called 999 to admit what he had done.
Mr O’Donnell told the court that Gray, who now lives at Lower Swainswick in Bath, had “felt the need to intervene” after he saw the complainant attacking a teenage boy.
Gray had picked up the hammer and gone out where he saw the complainant assaulting a female.
Mr O’Donnell said Gray had acted “instinctively and impulsively” and had “coughed up” to the police as soon as he had hit him; he said the wound had been “superficial”.
Mr Cabry had also suffered a stab wound to his back, but it was accepted that Gray had not been responsible for inflicting that injury.
Mr O’Donnell asked the court to give the 53-year-old maximum credit for pleading guilty at the first opportunity.
He said Gray, who is disabled and uses a crutch, lives a “quiet lifestyle” and has a grip on his drug problem.
Mr O’Donnell suggested that magistrates could deal with him by imposing a stand-alone suspended prison sentence.
However, they asked for a pre-sentence report from the Probation Service and granted him unconditional bail until 24th June when he will be back in court for sentencing.
