An axe-wielding burglar suffered a broken skull in Runcorn after his victim walloped him in the head with a baseball bat sending him tumbling down a flight of stairs.
The householder had been asleep in bed at home on Oakmere Street in Runcorn at 4am on March 20 when he awoke to find serial criminal and drug user Philip Wharton standing over him with an axe above his head, Chester Crown Court heard on Monday.
Jayne Morris, prosecuting, said the ‘terrified’ man leaped from his bed in his boxer shorts and retrieved a baseball bat from behind his bedside draws.
He then moved towards Wharton, 42, of Dale Street, who backed away to the top of the stairs.
With just a bannister separating him and the defendant, who was still waving the axe above his head, and not knowing whether there were accomplices downstairs, the man swung the baseball bat and connected with Wharton’s head.
The burglar tumbled to the base of the stairs at which point the householder pinned him down, disarmed him and phoned the police.
He restrained him until they arrived.
Officers found Wharton was carrying the victim’s wallet and they discovered a foot print on the front door where he had kicked his way in.
Wharton was also wearing gloves.
The victim said he had not intended to hit the burglar’s head and had struck out while in fear of his life.
A statement read on his behalf said he was now nervous about opening his front door and had suffered from being unable to sleep.
On the night in question the victim had gone to bed at 9.30pm to rise at 4.30am for work.
Upon his arrest Wharton, whose past 29 convictions included offences of dishonesty, drugs and shoplifting, claimed to officers that he was in the house ‘for the cannabis’ but later said in interview he had been taken to the house.
His defence counsel Anthony Rose said the defendant had spent time in hospital with his injuries, now had to wear a back brace and that medics had connected his spine and his groin with a piece of wire for support.
Shambolic Wharton, who was already serving a community order at the time of the offence following a conviction in October for stealing meat worth £12, appeared in the dock with a plaster or piece of medical tape on his nose.
Judge Neil Flewitt, presiding, sentenced Wharton to six years in prison for a single count of aggravated burglary, reduced from eight due to his guilty plea.
He told Wharton: “You made your way upstairs and into the bedroom occupied by (the householder).
“At some point and from somewhere in the house before your confrontation you stole his wallet when you were in the bedroom you disturbed him and when he was roused he woke to find you standing over him with your right arm raised holding the axe.
“No explanation has been forthcoming as to why you were in those premises.
“The only reason clearly is that you went there to steal.“You were wearing gloves when you were found.
“You took the axe to act as a deterrent to the householder should he awake and confront you as he did.
“Happily for you, you did not use that axe to cause injury but you used it to threaten (the householder) and he must have been terrified.
“You retreated to the top of the stairs holding the axe in a threatening manner.
“(The householder) struck out with the baseball bat which he kept in the premises.
“The consequence of the single blow was that you fell, fractured your skull and suffered other injuries from which you are still experiencing the consequences.”
Source: http://www.liverpoolecho.co.uk/