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Dispute between brothers led to one grabbing a knife

By Cornish Guardian  |  Posted: August 22, 2013

AN INCIDENT between two brothers led to one of them threatening the other while holding a knife.

At Truro Magistrates' Court Richard Michael Berry, 41, formerly of Tolcarne Mews, Newquay, admitted assaulting his brother Luke, at Helston, on May 25, and to causing criminal damage to a door the same day.

Gail Hawkley, for the Crown Prosecution Service, said the two brothers had been out drinking that day. Later at home the defendant told his mother: "You always picked Luke, he was your favourite" and began to swear. She told the court how he suddenly grabbed Luke and told him: "I am going to kill you …".

He was trying to grab Luke's neck and face but he got free and went into the kitchen. There Richard picked up a kitchen knife and tried to grab hold of his brother again, she said.

Luke said afterwards he was scared as he thought he was going to be stabbed.

The defendant lunged at him again but Luke ran out of the house. Richard kicked two holes in an internal door.

He told the police his brother had tried to grab him and he had acted in self-defence, punching the door out of frustration.

He had a previous conviction for causing grievous bodily harm in 2004.

Richard, a carpenter, was given a five-month prison sentence suspended for a year and put under a curfew for four months. He had to pay £150 costs and £80 victim surcharge and £100 compensation.

A restraining order was made for two years for him not to contact Luke or Jacqueline Berry, his mother.

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