Brothers' hammer horror attack on Wakefield dad in front of his wife and children

Ashley Carson McCutcheon and his younger sibling Keiran Haw beat the man in his own garden as his terrified wife and two young children watched on in horror.

Leeds Crown Court heard that McCutcheon’s wife had been involved in a spat outside a school with the victim’s wife earlier in the day on September 9 last year.

McCutcheon, accompanied by Haw, then went to the man’s home, arming themselves with what they alter claimed were tools found in the victim’s garden.

On arrival they threw an object through the family home’s window. The man found both defendants stood outside with McCutcheon making it clear they were there for retribution for the argument with “his woman”, prosecutor Felicity Hemlin said.

Haw first hit the man with the wooden stick, causing him to fall to his knees, before McCutcheon struck him to the head with the hammer “four or five times”.

The man suffered two lacerations to his head. However, the blows had also led to his existing epilepsy being more difficult to manage, it was claimed.

Miss Hemlin said that since the attack his children had suffered nightmare and have been sacred to leave the house. She said the family “feel like prisoners in their own home”.

McCutcheon, age 33, of Brownwood Rise, Wakefield, and Haw, age 28, of Esther Grove, Wakefield, both admitted a charge of actual bodily harm (ABH).

McCutcheon has 21 previous convictions, including a Section 20 wounding from 2013 in which he received a two-year jail sentence. Haw has three convictions including two for affray.

Mitigating for McCutcheon, John Batchelor said: “It’s an ugly incident where weapons are used. He can’t turn back the clock and he regrets his involvement. It must have been a frightening experience for those caught up in it.”

He has been on remand for the past nine months.

For Haw, Jo Shepherd said he had been in custody for two months, suffered with learning disabilities and autism and was being bullied.

Judge Simon Batiste said because both had been on remand, handing them custodial sentences would mean they would each be freed soon, so instead gave them community orders with conditions.

He told them: “It appears there was an incident earlier in the day between your partners. Whatever the rights or wrongs, it gives you absolutely no excuse to behave the way you did.

"The victim suffered unpleasant injuries, it was in front of his partner and children and it’s evident it has had a profound effect.”

He gave McCutcheon a three-year community order with 200 hours of unpaid work, 10 rehabilitation days and ordered to take part in the Thinking Skills accredited programme.

Haw was given a two-year order, with 80 hours of unpaid work and 30 rehabilitation days. They were both given 10-year restraining orders to keep them away from the victim, his family and their home.

Judge Batiste added: “Each of you must be aware that breaches are likely to lead to custody. If I have made a mistake (in not jailing them), then my God I will put it right.”