Neighbour scarred for life after being attacked by dad-of-two over planning dispute
A NEIGHBOUR has been scarred for life after he was savagely beaten by a dad-of-two over a planning dispute.
Matthew Bennellick launched the attack on Andrew Tucker while he was tending to his front garden on the morning of July 23, 2021.
Plymouth Crown Court heard there had been a “long standing dispute” between the two sets of neighbours, who had lived next door to one another for 12 years, over a “building control application” which had been made a number of years before the assault.
Mr Tucker was in hospital for several days and later underwent operations to insert four metal plates in his face and head.
His left eye is now permanently lower than his right and he suffered nerve damage to his lip and nose, causing him to dribble when he drank so he needed a straw to be able to drink, the court heard.
He is due to receive reconstructive surgery at a future date.
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Prosecutor Sophie Johns told the court that on the day Bennellick’s wife had approached Mr Tucker and a brief conversation took place over the foot-high wall separating them.
Following an exchange of words, which Ms Johns did not elaborate on in court, she left and returned to the family garden in Victoria Road, St Budeaux, Plymouth, where her husband and two children were.
However, later that day, Bennellick, who had been strimming in his front garden, approached Mr Tucker, pushed his forehead against Mr Tucker’s before exclaiming that Mr Tucker had headbutted him.
Ms Johns said Bennellick grabbed Mr Tucker by the throat before shoving him to the floor whereupon he struck him “15 or 20 times”.
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She said Bennellick yelled: “Die, b*****d,” telling the older man to “stay down”.
He eventually stopped his assault and shouted "do you need an ambulance, I will get you a f***ing ambulance."
Mrs Bennellick and Mr Tucker both called for an ambulance and he was rushed to Derriford Hospital where he was assessed as having "complicated facial fractures which will have a lifelong impact".
He suffered a skull fracture, a bleed on his brain, a fractured eye socket and blood pooled behind his left eye, causing a temporary loss of sight.
Ms Johns told the court that when Bennellick was arrested he was sitting on his sofa with an ice pack on his knuckles.
He later told the cops Mr Tucker had raised his hand while holding a trowel so he hit him “three or four times”.
In a police interview he said he did not expect the level of injury caused and claimed he had been acting in self-defence.
In a victim impact statement read out in court, Mr Tucker said he suffered from “sepsis related Crohn’s disease” since he was young and had undergone an operation in March 2021, after which he had been convalescing.
He said the assault had left him permanently disfigured and he was self-conscious as people often commented about his appearance.
Mr Tucker added that even though Bennellick had moved to Grimsby in October 2021 he “didn’t feel safe in my own home”.
He added that Bennellick was "twice my size and weight" and was "quite aware of my Crohn's".
Michael Green, defending, offered five letters, one of which was from a Reverend, speaking of Bennellick’s good character, his lack of convictions or cautions and his early guilty plea.
He also asked the judge, Mr Recorder Matthew Turner, to recognise there was “context” to the case – the long running dispute between the two neighbour which did not justify the assault, but highlighted that it was not a random incident.
While Mr Recorder Turner acknowledged the point he noted that this was no excuse for what happened.
HE 'LOST IT'
Mr Green reiterated that his client had said the "red mist descended" and that he "fully admits that he 'lost it'.
He also noted that Bennellick was a devoted family man who also had his own medical issues having recently been diagnosed with a brain tumour which was currently non-cancerous, suffered cluster headaches, sleep apnea, type 2 diabetes and was awaiting spinal surgery.
As well, he also noted Bennellick’s wife suffered from the painful condition fibromyalgia and that they had moved to Lincolnshire, which had caused great disruption to the family.
Due to his own medical issues and his wife’s it was noted that he effectively worked for her in her job as a bookkeeper.
Mr Green asked the judge to consider the impact a prison sentence would have not only on his client, with his various medical conditions, but also on his wife and their young kids.
But however, Mr Recorder Turner said that while he accepted that as a result of the move to Lincolnshire, Bennellick was, as a pre-sentence report by the Probation Service had said, was a low risk of offending and that the assault was completely out of character, he had to also take into account the permanent damage he had caused Mr Tucker.
He said the only response to such a “sustained, persistent assault” on a “vulnerable man,” using “gratuitous violence” was a term of incarceration.
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Bennellick was sentence to 14 months in jail, of which he would serve half before being released on licence.
He did not order any costs or compensation, but said Bennellick would have to pay a victim surcharge.
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