A carpenter has avoided an immediate jail sentence after fracturing a retired magistrate's eye socket with a piece of wood during a neighbourhood dispute in the Dorset village of Walditch.
Background to the assault
Christopher Wellman, 36, was carrying out work at his mother-in-law's property when 76-year-old Colin Prior approached him to complain about noise from an electric saw and loud music. Wellman ignored the complaint, and Mr Prior placed his foot on the tradesman's saw.
In response, Wellman took a "long back swing" with a 3x4 piece of timber, striking the pensioner on the side of the head. The blow fractured Mr Prior's cheekbone and eye socket, and split his ear "essentially in half". His wife, Helen, 73, witnessed the attack.
Impact on the victim
Mr Prior, a former BT engineer, driving examiner and magistrate, said the assault had a "profound" psychological effect on both him and his wife. He required hospital treatment for a 3-4cm laceration to his ear, two fractures to the cheekbone and the orbital wall around the eye socket. He also suffered severe headaches, prompting tests for a brain bleed, which fortunately came back clear.
Speaking after the case, Mr Prior expressed disappointment that Wellman did not receive a prison sentence. He said the couple no longer felt safe returning to their second home in Walditch and had moved back to Hampshire.
Court proceedings
At Bournemouth Crown Court, Wellman admitted inflicting grievous bodily harm without intent. The court heard that the dispute was part of a longer-running feud over a planning application. Wellman's partner, Poppy Crisp, had sought permission for a massage and wellness business at the mother-in-law's thatched cottage, which the Priors objected to over privacy concerns.
On the day of the assault, Mr Prior returned from a walk to find Wellman working by the shared entrance with music playing. After Wellman turned off the radio, he began using an electric saw, prompting Mr Prior to confront him.
Prosecutor Stuart Ellacott told the court: "He walks out, lifted the ear defender and said 'you're being silly'. The defendant put his ear defender back on, ignored Mr Prior and carried on. Mr Prior put his foot on the machine. When he did that Mr Wellman started puffing out his chest, confronting him within his personal space, looking enraged. He shouted 'c**t' before swinging a large piece of wood, a 3x4, round with both hands, delivering a long back swing which struck the right side of Mr Prior's face and ear."
Defence and sentencing
John King, defending, argued that Wellman reacted spontaneously to Mr Prior touching the saw, and described him as a hard-working man who contributes to the local community. He said the incident was a one-off unlikely to recur.
Recorder Tom Day sentenced Wellman to 14 months' imprisonment, suspended for 18 months, along with 200 hours of unpaid work and £5,000 compensation to Mr Prior. He also imposed a five-year restraining order preventing Wellman from contacting the Priors or entering Walditch.
In his sentencing remarks, Recorder Day said: "You were 35 at that time, Mr Prior was 40 years older than you ... You struck him in that way causing extremely serious injuries. There is no explanation and no justification for your conduct. This was unprovoked, unjustified and appalling. You are a young, strong, healthy man who attacked a 75-year-old. You used a weapon, it is right to say it was impulsive and short-lived."
However, he accepted that character references showed the assault was "entirely out of character" and said he was "just persuaded" to suspend the jail term.
Victim's reaction
After the hearing, Mr Prior said he had expected Wellman to be jailed and was disappointed he was not charged with GBH with intent. He added: "The restraining order was important to us for peace of mind. With the compensation, it was never about the money but I suppose that is the part that will hurt him more than anything."
