A gunman and his balaclava-clad accomplices who pistol whipped and beat up a man in his York home have been jailed for a total of 15 years.
Benjamin Roach, 34, twice pointed his firearm at the victim and discharged it, once towards his head and once towards his groin, said Michael Cahill, prosecuting. It was armed with blanks.
As well as being fired at him, the gun was used to hit the victim on the head.
Recorder Abdul Iqbal KC told members of the gang: “He (the victim) was not to know it was an imitation firearm. He was …..no doubt petrified by what might be about to happen.
“These are on any view, extremely serious offences. The victim was in his own home minding his own business.”
Mr Cahill said the victim was in his dressing gown at his Leeman Road house on May 4, 2020, when three men in balaclavas burst in and attacked him. They dragged him by his clothes into the main room of his home where they set about him.
Mr Cahill said Ben Adam Cairns, 36, punched the victim and told him: “What have you done, why have you done this?”
By the end of the incident, the victim had a bleed on the brain and other injuries.
As he left the house Roach was laughing. He smashed the victim’s television on his way out. He has 108 previous convictions including one for a firearms offence committed when he was 16 years old.
Three of the four-man gang have convictions for drug dealing.
Roach, of Peterhill Drive, Clifton, pleaded guilty to having an imitation firearm with intent to provoke fear of violence.
He and Cairns, of Foxwood Lane, Acomb, also pleaded guilty to causing grievous bodily harm with intent. Ciaran Angell, 29, of The Croft, Strensall, and Robinson Peter Fitch Binks, 26, of Fifth Avenue, Tang Hall, each pleaded guilty to causing grievous bodily harm.
The prosecution accepted that Angell was the look-out and didn’t enter the house, and Binks didn’t actually hit the victim.
Roach also admitted offences of production of cannabis, possessing cannabis with intent to supply it to others and two charges of possessing Class C drugs, attempted theft of an electric bicycle from outside its owners place of work in the city centre and theft of a television from an old people’s home.
He was jailed for a total of seven years and four months.
Cairns also admitted conspiracy to supply amphetamine.
He was jailed for five years and four months.
Angell was given 14 months consecutive to the seven year and six month sentence he was given at York Crown court in 2021 and is now serving eight years and eight months.
Binks was also given a 14-month prison sentence.
All the defendants were made subject to a lifelong restraining order banning them from contacting the victim in any way including via social media.
Mr Cahill said the victim was recovering and was starting to lead a normal life again.
Barristers for both Roach and Cairns said their clients couldn’t explain why they carried out the attack.
For Roach, Victoria Smith-Swain said he had been high on drink or drugs at the time. The previous firearms offence had been “immature teenage anti-social behaviour” involving an air rifle gas canister which he had thrown at a takeaway’s window.
He had had a very difficult childhood during which he had been the victim of physical violence.
He had taken to carrying the imitation firearm as protection as he had run up drug debts, said Ms Smith-Swain.
Anastasis Tasou for Cairns said he had changed his lifestyle since the offence by moving away from York and had been offered a joiner’s apprenticeship.
Lucy Brown for Angell said he had also changed his lifestyle and used his time behind bars well.
For Binks, who arrived at court very late, Laura Addy said he had overslept and wanted to be jailed.
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