Scarborough window fitter fractured man's skull with 'heavy' blow

John Paul Massheder, 54, struck the “poleaxed” victim with such force he was knocked straight to the ground and banged his head on the pavement, causing a bleed on the brain, York Crown Court heard.

Police were called to the scene after a member of the public called to say a man was laid out on the pavement on St John’s Road, Scarborough, just after 3pm on February 17.

Prosecutor Emma Hughes said a crowd of people had gathered around the victim who was taken to Scarborough Hospital by ambulance.

Massheder was arrested the following day.

He admitted he assaulted the victim following “an argument about a stolen bike” but said he didn’t mean to harm him.

He thought that the bicycle had been stolen by someone the victim knew but the court heard it was a “misunderstanding”.

He had turned up at the victim’s house and punched him once, seemingly knocking him out cold as the victim said he had no recollection of the attack.

The victim, a supermarket merchandiser, spent four to five days in hospital receiving treatment for a fractured skull and bleeding and bruising to the brain.

Massheder, of Gildercliffe, was charged with wounding without intent.

He admitted the offence and appeared for sentence today (August 22).

In a statement read out in court, the victim, a father-of-two, said the last recollection he had of the incident was seeing Massheder at his front door.

His injuries were so severe he had to take eight weeks off work and he was no longer able to drive.

He had been seen by a neurosurgeon and was now awaiting an appointment with a neurologist.

He said the bleed on the brain had led to a seizure and he was now clumsier than he used to be.

Massheder had seven previous convictions for 13 offences including four offences against the person, assault occasioning actual bodily harm and criminal damage.

Defence barrister Nick Peacock said that Massheder, who is also a father, had shown “genuine remorse” and was tearful during his police interview when he heard about the extent of the victim’s injuries.

He said that Massheder had suffered a series of family tragedies prior to the incident and was a hard-working window fitter and cleaner.

Judge Simon Hickey said CCTV showed that the victim had been “poleaxed”, knocked backwards and banged his head on the pavement following “some kind of misunderstanding about a bicycle”.

He said that Massheder’s record showed a “pattern of violent behaviour”, albeit those convictions were of some age.

He told the self-employed window cleaner: “You should have left the matter well alone.

"It’s had a lasting effect (on the victim), maybe a lifetime effect.

“The trouble is, Mr Massheder, you have a short fuse.”

The judge said it was a “difficult sentencing exercise” because he had to balance the seriousness of the victim’s injuries with the powerful mitigation, including Massheder’s reputation as a hard-working man and the fact he had caring responsibilities for a child.

Mr Hickey said the series of personal tragedies that had afflicted Massheder, namely the loss of loved ones not long before the incident in question, “must have had an effect upon you”.

Massheder would also lose his job as a window fitter if he were jailed and the judge said he also had to consider the fact that it was “one blow with completely unexpected consequences, although they are severe and maybe lifelong”.

The judge said he had just been persuaded to suspend the inevitable prison sentence.

The 20-month jail term was suspended for 18 months.

Massheder must complete 150 hours of unpaid work and 10 rehabilitation-activity days.

He was ordered to pay the victim £2,000 compensation.