Sunderland man broke stepmother's finger when he was 'kicking off' after funeral

A distressed son who broke his stepmum's finger when trouble flared after a funeral has kept his freedom.
The case was heard at Newcastle Crown CourtThe case was heard at Newcastle Crown Court
The case was heard at Newcastle Crown Court

Sunderland man Nicholas Gallagher had become emotional and aggressive when he got home after the service so his dad and his partner, Julie Robson, went to help.

Newcastle Crown Court heard while the couple tried to calm him down, the 28-year-old took hold of her hand, squeezed it and bent it back until one of her fingers broke.

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The court heard she was left crying due to the pain and was very distressed.

Gallagher, of Ashdown Road, Sunderland, who has no previous convictions, pleaded guilty to assault occasioning actual bodily harm and was sentenced to a 12 month community order with 100 hours unpaid work and a five year restraining order.

When he was arrested after the attack Gallagher said he had down eight or nine pints and could not remember what he had done, the court was told.

Mr Recorder Toby Hedworth QC told him: "She has, throughout her relationship with your father, treated you as her own son and you had a good relationship throughout those years.

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"You got yourself into an extraordinarily distressed state as a result of attending a funeral where family members were present and you had far too much to drink.”

The judge added: "For some extraordinary reason, because of your intoxication, no doubt, although your grievance was with another family member, when your father attended at your address to try to calm you down, you assaulted his partner, your stepmother.

"You bent her hand back to the extent you broke one of her fingers and that has had a profound psychological impact on her.

"You must realise that was an appalling thing to do to someone who had only ever shown you love and affection throughout all those years."

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The court heard the assault happened on February 6 last year at Gallagher's home.

His dad and stepmum had attended after midnight after being told he was "kicking off" and left when he appeared to calm down.

Shortly after this, Gallagher's partner contacted them again saying he was "kicking off again" and they returned to find him being aggressive and shouting.

His dad tried to calm him down and held him on the sofa, Miss Robson helped and he assaulted her.

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She said in a victim impact statement she was "hurt and frightened" by what he did and was still in pain nine months later.

It had also caused her anxiety and panic attacks.

When he was arrested, Gallagher said he had consumed eight or nine pints and couldn't remember what he had done.

Nick Lane, defending, told the court in mitigation: "He accepts causing her harm and very much regrets that.

"It was clearly an emotional day for him and he had used alcohol and was intoxicated.

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"He has lost his good name but he is well thought of and is capable of being sensible, mature and professional.

"This incident was out of character for him."

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