Chesterfield man strangled his cousin in long-running family row over stolen phone
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Mark Cuthbert, 39, repeatedly punched his family member in the face and strangled him until his victim thought “he might lose consciousness”, a judge heard.
Mansfield Magistrates Court heard how the violent fracas at 3am on September 27, 2019 came about because Cuthbert’s cousin had stolen his mother’s mobile phone.
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Hide AdProsecutor David Outterside told the court how Cuthbert’s victim had previously been prosecuted for the phone theft and been ordered to pay compensation.
However Mr Outterside said: “The defendant felt the compensation ordered was insufficient and there was obviously resentment.”
The prosecutor described how on September 27 Cuthbert’s cousin - who often slept at the defendant’s home - appeared at his property offering money outstanding for rent and the stolen phone.
However, after punching his estranged cousin to the floor and with his hands around his neck, Cuthbert stole his wallet and demanded his pin number.
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Hide AdThe court heard how as the assault came to an end the victim was able to escape to safety.
However in June last year Cuthbert - who was now facing charges of theft and ABH over the September 2019 attack - demanded his cousin drop them and offered him a £300 bribe.
On the morning of June 19 last year Cuthbert - still on court bail - followed his cousin on Whittington High Street.
Mr Outterside said: “The defendant said to the victim ‘you’re a liar I didn’t do anything - if I miss the first year of my baby’s life there will be trouble’.
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Hide Ad“He shouted at the victim and demanded he drop the charges.”
The prosecutor said an hour later Cuthbert approached his victim’s address and offered him £300 to drop all charges.
Cuthbert was later charged with witness intimidation - which he was convicted of along with theft and actual bodily harm.
The court heard the defendant had a number of previous convictions including assaults on police officers and battery.
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Hide AdHowever solicitor Will Bennett told how a pre-sentence report showed Cuthbert was only a risk to “adult relatives with whom he has a dispute”.
He said: “After the problem with the defendant’s mother it was an incredibly bad idea for these two to continue living together.
“The real problem was once this relationship broke down they should have gone their separate ways and they didn’t.”
Judge Shaun Smith QC told Cuthbert: “You didn’t have a particularly impressive start as far as violence was concerned but in 2010 all that stopped.
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Hide Ad“This was born out of a set of circumstances that are peculiar to your family in that it all started with the victim being in the wrong, committing offences against your mum.
“And then rather unwisely you carried on living together and the relationship went downhill.”
Judge Smith noted Cuthbert had “rather unwisely” tried to stop the matter coming to court however he added it was “not a particularly sustained attempt”.
Cuthbert, of Staveley Road, New Whittington, was handed an 18-month community order with a six-month curfew and 30 rehabilitation activity sessions.