Chesterfield man left neighbour, 80, with gash in head when dispute boiled over into violence

Del Phillipson, 62, pushed his victim over in the street causing him to fall backwards, bashing his head on tarmac as he landed. The defendant’s neighbour had been clearing weeds growing next to a stop cock outside the front of their properties at the time.

During the lead-up to the incident – around 11.30am on June 23 last year – Phillipson was seen approaching the victim on Rectory Drive, Wingerworth, where they both lived, before an “exchange of words”.

Derby Crown Court heard how Phillipson, who had no previous convictions, then walked away before turning back and pushing the pensioner over “with both hands”. The 80-year-old was taken to Chesterfield Royal Hospital to have his wound treated and was discharged the same day.

However the court heard the pensioner was left with daily headaches for the next 10 months, describing continuing to live opposite Phillipson now as “difficult”.

A “negative relationship” had developed between the pair prior to the incident, the court heard, and Phillipson had made “serious allegations” against his victim.

Judge Martin Hurst told former miner Phillipson: “If you think about it now, all he was doing was clearing some weeds from a stopcock on a public pavement but something snapped and you lost your temper.

"He is an 80-year-old man and at the age of 62, having lived a blameless life, you lost your temper and caused that injury. It’s not uncommon for the courts to see people pushed to the ground, strike the back of their heads and die.”

The judge assessed now self-employed Phillipson as not posing a risk of danger to the public, having committed an “impulsive and short-lived assault” and noting his lack of previous convictions and hardworking nature.

Phillipson admitted assault with actual bodily harm. He was handed an 18-month community order with 125 hours of unpaid work and 10 rehabilitation activity days. He was ordered to pay £150 costs and £1,000 compensation to his victim.