A 55-year-old man was spared jail after he was sentenced for threatening a neighbour and his partner.
Martin Vickers, of Spruce Drive, Netherton, was convicted last month of using threatening behaviour towards James Lynch and his partner Tina Stubbley on March 13 in a row over noise at their flats.
Prosecutor Geoff Ellis told the bench at Kirklees Magistrates’ Court yesterday that police had attended the address following a complaint from Mr Lynch that the defendant had said “he would kill him and his partner and his dog.”
Initially after his arrest he denied the offences but admitted he had been drinking. He pleaded not guilty to the charge.
But trouble flared again a month later on April 10 when he used foul and abusive language towards Mr Lynch.
Mr Ellis said he shouted at him: “I will show you bad... ring the police...I’m ready for you, boy.”
Vickers was charged with a second offence of using abusive language as well as a third one of possessing a small amount of cannabis.
He pleaded not guilty to two charges of being abusive but was convicted following a trial on August 24. He pleaded guilty to the cannabis charge.
In mitigation, Ian Whiteley, said: “This is effectively a neighbour dispute and Mr Vickers’s case is that this was a case of malicious prosecution.”
A spokeswoman for the Probation Service said: “Mr Vickers feels that it is a dispute that has gone on for some time and that he is the recipient of some provocation. He does accept that he has an issue with alcohol.
“He has more serious offences on his record. He has committed anti-social offences and received a lengthy prison sentence in 2004.
“He doesn’t think he could cope with going back to prison and says he would feel suicidal if so sentenced.”
John Gledhill, chairman of the bench, said the offences were so serious that a custodial sentence was justified.
However, as a direct alternative to custody he imposed a six month community order with an alcohol treatment order for six months as well as 10 days rehabilitation activity.
In addition he imposed a restraining order until further notice preventing him from contacting Mr Lynch or his partner. There would be no separate penalty for the April 10 offence. The cannabis was ordered to be destroyed.
The defendant was also ordered to pay a fine of £100, £200 in costs and a surcharge of £60, deductible from his benefits.
