A MAN involved in a dispute with his neighbour jumped over a fence and set upon the other man with a baseball bat.
The victim was hit once on the head and three or four times on his arm when he tried to protect himself.
Michael Anthony Clarke, 55, of Ffordd Pennant in Mostyn, admitted assaulting John MacDonald on March 9. His case was sent to the crown court for sentence.
Prosecutor Matthew Ellis told Flintshire magistrates yesterday that Mr MacDonald suffered a cut behind the ear and bruising to his right arm.
He had been cutting his lawn, his garden bin was full and he conceded he had thrown grass over his neighbour’s fence.
Mr MacDonald said they had fallen out previously.
Clarke then climbed over the fence shouting and carrying a black and white baseball bat.
It was alleged by the prosecution that Clarke was swinging the bat and shouting he was going to kill Mr MacDonald.
The victim was struck on the head, behind the ear and when he put his arm up to protect himself, his arm was struck a further three or four times. Mr Ellis said the wound bled.
The following day, Clarke was arrested at his home and the bat was recovered from the pantry. DNA tests showed there was blood from both the defendant and the complainant on it.
In a basis of plea, which was not accepted by the prosecution, he said he had lost his temper and had struck the other man twice to the arm. He had not aimed for the head, he said.
Clarke said there had been months of aggravation between them.
Angharad Mullarkey, defending, said her client admitted he aimed for his arm, as opposed to the head area.
There was also the issue of provocation.
The Mold-based magistrates said they would send the case to the crown court for sentence and would allow the judge to decide whether or not evidence should be called to decide on what basis the defendant should be sentenced.
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