A 61-YEAR-OLD York man with an artificial leg attacked a 72-year-old with his crutch in a brawl on Acomb Green.
Terence Edward Exelby, known as Terry, objected to something he thought David Everard, 72, had said when the two met on a Sunday afternoon in August last year, said Nick Adlington, prosecuting at York Crown Court.
Exelby, who has a prosthetic leg, prodded Mr Everard with his crutch, which led to the two men scuffling and falling to the ground.
Exelby was “flailing around with his crutch” and Mr Everard sustained “a number of blows”, said Mr Adlington.
Exelby, of Croftway, next to Acomb Green, was due to stand trial on a charge of causing actual bodily harm, but pleaded guilty before a jury was sworn in.
Judge Tom Bayliss QC told him: “You ought to know better” as he issued a 20- week prison sentence, suspended for two years because Exelby pleaded guilty. He did not impose any conditions.
Exelby’s previous convictions include assaulting police officers.
Derek Duffy for Exelby said: “It was an unfortunate incident.”
Exelby had felt “vulnerable” during the scuffle and there was a period when he was on the ground and Mr Everard was standing up.
Exelby was not fit enough to do unpaid work, because of his condition, which had deteriorated recently, Mr Duffy said.
He was having problems with his prosthetics and was awaiting an operation.
The court heard that there had been no problems between the men since Exelby’s arrest and release.
Last January, Exelby was jailed for six months for affray and possessing an offensive weapon in public.
In September 2013, while builders were renovating a neighbour’s house, Exelby went round shouting abuse with a kitchen knife in his hand.
He had been saying that he wanted to mutilate a woman.