Homeless drunk 'terrified' children with hammer attack

10:21am Monday 3rd September 2007

A homeless man with a severe drink problem has been jailed for smashing the windows of his ex-partner's house.

York Crown Court heard how 40-year-old John Doherty, of no fixed address, pleaded guilty to the charges of criminal damage and affray.

On Sunday, April 29, Doherty was allowed to spend a day with his children, aged 13 and eight, from a former relationship, with whom he had previously only had limited access.

Prosecuting, Alan Mitcheson said that despite being given the care of the two children, Doherty had too much to drink and the children were returned home.

Mr Mitcheson said: "It was heard that Doherty had been drinking heavily at a working men's club, so the children had to be returned home "Later that Sunday evening, Doherty awoke and presented himself with a hammer, went to the children's home and smashed every window in the front downstairs of the building.

"The children and their mother attempted to escape the violence and took refuge upstairs in a bedroom.

"Even after police arrived and the defendant left the premises they were so scared they had to be persuaded to make their way out of the bedroom."

City of York Council also sought a compensation claim of about £1,000 from the courts to pay for the smashed windows of the house, which was council property.

Mitigating, Robert Stevenson said Doherty was one of a very large family of 11 and he was born and brought up during difficult times in Northern Ireland.

Mr Stevenson said: "He moved to England 20 years ago where he had a relationship and some children.

"In recent times, the relationship has broken down and Mr Doherty has found himself on hard times.

"During the incident he did not carry out any verbal threats towards anyone. It was the house that was damaged, not the occupants.

"He is filled with remorse and what he wants most of all is to break this addiction to drink and he is willing to do anything to break the cycle."

The court heard how Doherty hasdprevious convictions which include criminal damage, assault and fines for drunkenness.

Judge Geoffrey Marson QC said: "These terrible events happened on a day when you were supposed to be looking after your children.

"You have a significant drink problem and the children were taken back to their mums because you could not care for them.

"And then you terrified them all by smashing their windows.

"The offence is so serious it cannot be dealt with by a fine or custodial order."

Doherty was sentenced to 18 months in jail, but he was not ordered to pay any compensation.