Thatcham man punched ex-girlfriend's new man and smashed his BMW

He escapes severe punishment from magistrates' due to his life-limiting illness

A THATCHAM man who flew into a rage and punched his ex-girlfriend’s partner before smashing up his new BMW has escaped serious punishment because of his life-limiting illness.

Newbury magistrates heard how 52-year-old Timothy Murphy, of Simmons Field, erupted in fury when his former partner’s new boyfriend – Damien Goldstone – came to pick up his son instead of the boy’s mother on October 6.

Lesley Gilmore, prosecuting, said that Mr Murphy started “shouting in an aggressive manner” at Mr Goldstone when he arrived and that they became involved in an altercation. He hit him twice, with the first blow catching the right side of his face, causing swelling and bruising.

Later that evening, the court heard, Mr Murphy visited Mr Goldstone’s flat and damaged a communal door.

After being unable to gain access, he instead turned his attentions to Mr Goldstone’s car and caused between £500 and £700 damage to both of the wing mirrors.

Jennifer Lewin, defending, said that Mr Murphy was diagnosed with a brain tumour in 2006 and complications following surgery had left him with a life-limiting illness. In 2007, he was told he would not live past 2010.

Ms Lewin added: “Some of the side effects of his illness are short-term memory loss and angry outbursts and this may have played a part in the attack on Mr Goldstone.

“He had previously said he acted in self-defence, but later admitted trying to hit Mr Goldstone through the window of his car as he attempted to leave which is why he entered a guilty plea.

“Mr Murphy was angry that day to see Mr Goldstone come and collect his son as he was of the understanding that she, Miss Bannister, had ended that relationship.

Ms Lewin added: “He was of the understanding that his relationship with Miss Banister would be resuming in full and that is why he was so angry to see Mr Goldstone.

“Mr Goldstone had recently brought a very expensive car which he felt was money that should have been spent supporting his ex-partner and child.”

Mr Murphy pleaded guilty to one charge of assault by beating and two charges of criminal damage.

Sentencing him, magistrate Mark Stone said: “Clearly emotions were running high that day, but that does not give you the right to do what you did.

“In terms of the criminal damage and assault, we have taken into account your medical condition and that has influenced our decision somewhat. We ask you to keep your temper under control in future.”

Magistrates handed Mr Murphy a 12-month conditional discharge, but did not make him pay compensation to Mr Gladstone because they felt it would “inflame the situation”.

However, he was made to pay £220 compensation for damage caused to the door, a criminal courts charge of £150, a statutory surcharge of £15 and prosecution costs of £85.