Chesterfield man found not guilty of manslaughter after hitting next door neighbour

Alan Youd never regained consciousness after hitting his head near their homes in Chestnut Drive, Shirebrook, on the morning of August 11 last year.

Arthur Cabourn, accused of his manslaughter, told Nottingham Crown Court the dispute began when Mr Youd started swearing and saying something about Cabourn's son.

Mr Cabourn, aged 60, now of Chesterfield Road, Clay Cross, claimed Mr Youd lunged at him, throwing two punches and lifting him up against his car.

At one point in the scuffle, Mr Youd got on top of Mr Cabourn, and the two of them were rolling around.

Mr Cabourn said he did what he had to do, what he thought was right to protect himself, claiming it was Mr Youd who came at him.

Later, in his evidence, he said: "He has died. I have got to live with this for the rest of my life. All it was was one punch and it was to protect myself.”

Mr Youd sustained injuries to his face and body in the struggle, which involved grappling and punching, the jury had heard.

During the course of this, he hit his head on a hard surface, causing bleeding and swelling in his brain which eventually proved fatal.

The trial was told Mr Youd was unconscious from the moment he hit the ground and never regained consciousness, dying six days later in hospital.

His inquest heard the 69-year-old was found ‘unresponsive’ with a ‘very noticeable head injury’.

The court heard the men were next door neighbours for many years, but had fallen out. Each man complained to the authorities about noise from the other man's house.

After the jury delivered their verdict, Judge Stuart Rafferty QC thanked them for their efforts and said the case ‘was not an easy one.’

“Whatever happened that day resulted in an outcome that should never have happened,” he said.

In a statement, his family described Mr Youd as ‘a doting father, grandfather and father-in-law’ who loved spoiling his grandchildren and riding his motorbike.

“We will miss him more than words could ever portray and will love him forever,” they said.