Hull man who sliced off part of intruder's face with samurai sword spared jail in landmark case
A HOMEOWNER who sliced off part of a man's face with a Samurai sword as he fought off an attack on his own doorstep has been spared jail.
In a landmark case for East Yorkshire, Stewart Wilson, 36, has avoided prison despite using "excessive self-defence" when he took the law into his own hands.
Wilson walked free from court with a suspended sentence as the Government considers a change in legislation to allow homeowners more protection from intruders. Wilson's barrister John Thackray told the court: "One questions whether the Government's proposed policy of being more flexible would have come into force here.
"But he accepts the way the law stands at the moment."
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Judge Michael Mettyear said: "At first blush, it is a case where you were out by your house with a Samurai sword and the victim suffered unpleasant injuries as a result.
"If that was just the circumstances, then a substantial sentence would be called for which would involve you going to prison straight away.
"But it is not that straightforward because the victim was there at your home to beat you up."
Wilson, 36, grabbed an ornamental Samurai sword from his wall to protect himself after his ex-girlfriend called to say her jealous new boyfriend Craig Ogilvie was coming to assault him.
Hull Crown Court heard Mr Ogilvie had been drinking and had become jealous when Wilson had sent his former partner a text message about their child.
Wilson was at home in North Road, west Hull, with his three-year-old son asleep upstairs when Mr Ogilvie arrived to confront him.
Mr Ogilvie struggled with Wilson to get the sword and the sharp blade sliced his chin and nose, leaving him scarred for life, and cut through one of his fingers.
Mr Ogilvie underwent surgery on his fingers and doctors say it will take two years to repair the damage.
Wilson, who collects ornamental weapons, including guns and swords, pleaded guilty to causing grievous bodily harm on July 1 and to possessing a round of live ammunition.
Mr Thackray, defending Wilson, said: "He was caring for his young child who was asleep upstairs and his options were limited. He was told a man was coming round to beat him up.
"Of course, he shouldn't have gone on to his doorstep with a weapon but he was panicking and scared.
"He found himself in very difficult circumstances and he is genuinely sorry for not choosing a different course.
"It must have been extremely frightening for him knowing the complainant, someone he is scared of, was coming round to his house to beat him up."
Wilson, who worked for British Cocoa Mills in east Hull until he was made redundant, has been given a 12-month prison sentence, suspended for 18 months.
He was ordered to carry out 240 hours of unpaid work and was given a three-month curfew from 9pm to 7am.
Judge Mettyear said the Crown Prosecution Service had admitted the injuries Wilson caused were not deliberate.
He said: "You had been notified that he was coming to beat you up, you knew something about him and were frightened of him and you were, to a degree, in a difficult position.
"You going out with a Samurai sword was bound to cause problems and make things worse and it did.
"The fact you were initially the victim of violence would not have normally saved you from prison but the Crown Prosecution Service has accepted your basis of plea that the injuries you caused were not deliberately caused by you.
"You pleaded guilty on the basis of reckless rather than criminal conduct."
Judge Mettyear said Wilson should have locked the door, secured his home and called the police for help instead of arming himself with the sword.
He said: "Your real criminality is not deliberately inflicting injuries but having put yourself in a position by being outside with a sword in your hand."