post front wed feb 10

Nailsea mugger grabbed victim by throat

Sunday, November 16, 2008, 20:35

A mugger who grabbed his victim around the throat and bent him over railings in Nailsea before taking his cash card has been spared jail.

Matthew Oates had taken a cocktail of drugs, alcohol and anti depressants when he seized Timothy Evans and intimidated him into handing over his bank card and PIN before stealing his money, Bristol Crown Court was told.

Oates, 28, of Laurel Drive, Nailsea, was arrested after his "terrified" victim called police.

He admitted one offence of robbery and one offence of theft and was handed a nine-month prison sentence, suspended for 18 months, with the condition he does not commit another offence in Britain during that time and is supervised by the Probation Service.

He was also ordered to carry out 50 hours of unpaid work, given a curfew for three months and told to pay Mr Evans £400 compensation.

James Ward, prosecuting, told how Oates robbed student Mr Evans, late on the evening of April 4.

He said Mr Evans had been drinking with friends and at midnight was on his own having a cigarette near a skate park in the Scotch Horn area of Nailsea when he was approached by Oates.

The court heard how the defendant asked his victim for a cigarette twice before grabbing him.

Mr Evans said in a statement: "He grabbed me by my throat forcing me back over the railings.

"I was extremely scared and didn't know what he would do. I could not move because he held me so tightly.

"Matthew's nose was almost touching my nose."

He said the defendant had said: "How much money have you got on you?" to which he replied he had spent it all.

Mr Ward said the victim pulled out his wallet and showed it was empty before Oates demanded his bank card and PIN.

He said the defendant then walked off and Mr Evans phoned the bank and cancelled his card before going to the police. However Oates stole £120 from his account before he was arrested.

The defendant denied the robbery during police interview and said he could not remember anything but later pleaded guilty.

Jonathan Stanniland, defending, said his client had committed offences of theft and forging documents in his early 20s but his latest crimes was more serious.

He said it had been out of character for employed Oates to behave in that way and said his client, who had known his victim for 10 years, had taken cocaine, alcohol and anti depressants during the evening.

Sentencing Oates, Judge Michael Harington told him he had "subjected Mr Evans to a terrifying ordeal".

He said: "You grabbed him around the throat, forced him over some railings. You obviously terrified him.

"You intimidated him into handing over his card and giving you his PIN which you used to withdraw £120.

"This type of offence invariably ends with a custodial sentence.

"It does seem to me that the way you behaved that night, and you can't remember anything about it, was out of character.

"I can just about avoid sending you straight to prison."













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