Man kicked fellow HMO resident so hard he broke his hip during row over loud music

Shrewsbury Crown Court was told that Gavin Tivey, aged 35, of Sutton Hill, rained down kicks and punches following a row about turning the music down in the house of multiple occupation (HMO).

Tivey was handed an 18-month suspended prison sentence.

Suzanne Francis, prosecuting, told Recorder M Brown, presiding, that the victim, a Mr Campbell, had asked Tivey to turn his music down on July 1, 2021, because he had to go to work at 5am the next day.

At 5.30pm on July 2 she said Tivey "rushed in" to Mr Campbell's home, where the front door had been left open, and began to "rain down blows" to his victim's head and body while he was in his bedroom.

He had used so much force that Tivey's hands became swollen, the court heard on Friday.

Mr Campbell curled himself up into a ball to try to protect himself, and felt a pain in his hip. Tivey then left him on the floor.

The victim had a hip replacement operation only two years before and was able to call the police on his mobile phone. While on the phone to officers, the court was told that Tivey was shouting.

Mr Campbell was taken to Princess Royal Hospital, in Telford, where he was given an X-Ray and a CT scan and found to have a broken left femur, in a spot close to the join of the hip replacement operation. He received surgery on July 5 and spent 10 days in hospital, the court heard.

Tivey was given credit for pleading guilty.

In a victim statement, Mr Campbell said he had suffered anxiety and stress since the attack, had to use double crutches, was constantly feeling on edge, and "I can't seem to trust people."

He was also in pain, taking medication, and had a 12-16 inch scar from the surgery, and had been told it would take 18 months to heal.

The court was told that he had a "non-existent social life" and had lost his job, and his income.

Llana Davis, defending, said Tivey had suffered a trauma, had mental health issues, and had a problem with alcohol and drugs.

"He is sorry and expresses his remorse for the pain caused, and disappointed and shocked by the way he has acted."

He had also been seeking help for his drug and alcohol problems but had been struggling.

The court heard that Tivey had been living on benefits since being diagnosed with schizophrenia 10 years ago.

Probation had judged Tivey to be a low risk.

Recorder M Brown, presiding, said Tivey had accepted punching and kicking his victim in the face but not his hip, although he accepted the harm was his responsibility.

An aggravating factor was that the assault happened in the victim's own home. A mitigating factor was that Tivey had no previous convictions and was engaging with services to try to help him.

"It is so serious that only a custodial sentence is justified," said the Recorder. He handed down an 18 month sentence, which included a six month credit for his plea.

He decided to suspend the sentence for two years because of positive references and his attempts to seek recovery.

But he warned Tivey that if he committed any offence in the next two years his jail sentence could be activated. He was also ordered to attend 20 days of rehabilitation work.

Recorder Brown decided not to impose an order for £670 costs because Tivey was not in work.