Whitby man who injured grandparents in vicious attack given hospital order

Jack Braithwaite, 29, rained blows on his grandfather Rodney Braithwaite and then turned on his grandmother when she went to the aid of her husband, York Crown Court heard.

Rodney Braithwaite suffered multiple injuries including a broken eye socket after being punched “continually” and Olive Richardson had two of her teeth knocked out after she too was punched by her grandson.

Prosecutor Anne Richardson said the victims, who are in their 70s, had allowed their grandson to live with them intermittently, but sometimes he had to stay in the summerhouse when his behaviour became such that they were “unable to tolerate him living in the actual house”.

She said that on February 2, 2021, at about 4.20pm, a 999 call was made from the property.

The call was abandoned, but a woman could be heard “screaming” and shouting, “stop it”, and a man’s voice could be heard in the background.

When police arrived, they found Mrs Braithwaite “covered in blood and (Mr Braithwaite) in a similar state”.

They told officers their grandson had been drunk and assaulted them, before leaving the property.

Ambulances were called to take the elderly couple to hospital with serious injuries.

Mr Braithwaite, who is in his late 70s, suffered a broken eye socket and finger, bleeding to the frontal lobe of the brain, severe bruising and swelling to his right eye and a deep cut to his forehead.

Mrs Braithwaite suffered bruising under her eye, cuts to her nose and forehead, bruising to her hand and two of her teeth were knocked out.

Their neighbours, a couple who were named in court, told police they heard “loud banging” coming

from the Braithwaites’ house and someone they believed to be Mrs Braithwaite screaming.

When the female neighbour went round to see what was happening, she knocked on the door and Jack Braithwaite answered.

The neighbour noticed blood on the door handle and on Braithwaite’s hands.

He appeared “distressed”.

“When (the neighbour) saw the Braithwaites they were both covered in blood,” said Ms Richardson.

“Mrs Braithwaite said that the defendant had taken her mobile phone and when she had asked for its return, her husband had gone to take the phone from the defendant, who then started on (Mr Braithwaite).

“They (said) that when (Mrs Braithwaite) had asked for the return of her mobile phone, the defendant had refused and when he was told to give it back by his grandfather, the defendant pushed him to the floor and continually punched him.

“(Mrs Braithwaite) had grabbed the back of her grandson’s trousers to get him off her husband, at which point the defendant turned on her and began to punch her, causing her to fall back onto the settee.”

Braithwaite only stopped when the neighbours came and he then left the house, said Ms Richardson.

“When (Mrs Braithwaite) reached her husband, he was kneeling on the floor, his nose dripping with blood,” she added.

“(Mrs Braithwaite) said…that it was heart-breaking.

"Mr Braithwaite said that his grandson went ballistic.”

Braithwaite was arrested on the day of the attack and charged with wounding with intent and causing grievous bodily harm with intent, but psychiatrists ultimately deemed him unfit to plead due to his mental-health problems.

As a result, a finding-of-fact hearing was held in July 2022, in Braithwaite’s absence, at which a jury found he had done the acts alleged.

Ms Robinson said that despite Braithwaite being unfit to stand trial, at the time of the offences “there would appear to be no evidence…the defendant was suffering from any form of ill health or mental disorder which prevented him from forming…specific intent (to do serious harm)”.

She said it was “beyond doubt” that Braithwaite attacked his grandparents “for no lawful reason, possibly in drink and that when he repeatedly punched two people in their 70s…he must have intended to wound (Mr Braithwaite) and cause (Mrs Braithwaite) really serious harm”.

She added: “Whatever might have happened to the defendant’s mental health in the intervening months since his arrest, at the time…he committed these offences, he was a fit and healthy, mentally-alert young man, someone much more physically strong than his grandparents, who knew exactly the harm he would cause if he behaved in that way.”

Braithwaite, whose last registered address was his grandparents’ home, was sentenced on July 26 after being remanded in custody.

His solicitor advocate Graham Parkin said that consultant psychiatrists had recommended a hospital order for Braithwaite due to his serious mental-health problems.

Judge Sean Morris, the Recorder of York, said he was “satisfied that (Braithwaite) is suffering from a mental disorder of such a nature that it was appropriate for him to be detained in hospital” under the Mental Health Act.

He said this was necessary to protect the public and particularly Braithwaite’s grandparents from serious harm.

The judge imposed a restriction order – a section of the Act which means the defendant cannot be granted leave, transferred to another hospital or discharged without the consent of the Secretary of State for Justice.