A HOUSEHOLDER and his friends ended up in a crown court dock because a drunken thief invaded his garden and smashed a bottle on his head.
Judge Robin Mairs said David William Wilson, 53, “took revenge” on trespasser Peter Orrey by attacking him.
Matthew Collins, prosecuting, said Wilson summoned four of his friends to help.
They arrived a short time later.
In the incident that followed, the thief ended up on the ground and eventually left the area.
“This was started by the trespass of Peter Orrey in an intoxicated and violent state,” said Mr Collins.
Orrey, who has a long record for theft, didn’t want to press charges, but the police and CPS prosecuted the five friends.
The judge said: “The aggravation is the distress and disturbance suffered by the neighbours which was deeply unpleasant.”.
Wilson, of Abbots Road, Selby; Andrew Slater, 36, of Hillfield Road, Selby; Nathan Frank Archer, 40, of Barlby Road, Selby; Gordon McKenzie-Smith, 42, of Monk Lane, Selby, and Oliver Michael Chard, 39, of Bruntcliffe, Morley, Leeds, all admitted using threatening words or behaviour.
All except Archer were given a 12-month conditional discharge at Leeds Crown Court.
Archer was jailed for six months for a separate escape from lawful custody and a month concurrent for the threatening words and behaviour offence.
All five have criminal records, mostly for offences other than violence.
Mr Collins said Orrey was "well-known to the local police".
The trespasser had stolen wine from a local shop and drunk it before he went to Wilson’s garden at 6pm on Saturday April 6, 2019.
The situation escalated and he hit Wilson with the bottle.
Wilson had blood streaming from his head when his friends arrived in a car driven by Chard.
Barristers for the five didn’t give any mitigation after the judge indicated the sentence he intended to pass.
He said he had considered making them do unpaid work, but probation officers told him the five couldn't because they had various medical conditions.
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