A MAN who appeared in a Flintshire family's home uninvited and attempted to steal booze from a pub has been spared jail.
David Hamilton, of Clayton Drive in Prestatyn, appeared at Mold Crown Court for sentence on Wednesday morning.
The 34-year-old had previously admitted attempted burglary other than dwelling with intent to steal, assault occasioning actual bodily harm, resisting a police officer and criminal damage.
Rosemary Proctor, prosecuting, told the court that the attempted burglary happened on the evening of July 26 this year, when Hamilton went to the Boar's Head pub in Holywell.
He was banned from the establishment and when staff challenged him, he did leave - after consuming another customer's drink.
But he returned at around 11.50pm.
The owner of the pub told him to leave again, to which Hamilton replied: "I'm getting a f****** drink. I won't leave until I get it. What are you going to do about it?"
He went behind the bar as the police were called, but ended up leaving without taking anything.
The remaining offences happened on August 18.
Carmel resident Stephen Hunter was at his home with his wife and children.
He was shocked to find a complete stranger - Hamilton - in his hallway, believing he must have gained entry through the unlocked front door.
Mr Hunter shouted: "Who the f*** are you?" before the defendant punched him to the face.
The men wrestled on the floor and eventually Hamilton was ejected from the home and the door was locked.
But he picked up a brick and hurled it at a window, damaging it, then threw it at the front door.
The glass in the door shattered and Hamilton shouted at Mr Hunter to "come out and fight him."
However Hamilton began to cry, and in an effort to calm him down and comfort him Mr Hunter even gave him a hug.
Hamilton's mood then "shifted" and he became aggressive again, with another "scuffle" taking place.
When the police arrived, the defendant tried to run, but he was captured and arrested, despite his resistance.
He had to be sprayed and called the officers a "gang of c***s."
The police took him to the hospital because he had injuries to his face, head, elbows and knees - and while there he was aggressive to hospital staff, shouting and swearing as well as flailing his arms.
Mr Hunter and his wife said the incident left them in shock given they live in a peaceful neighbourhood, explaining the defendant on the night had been "like something possessed."
Oliver Saddington, defending, made limited submissions to the court, having heard Judge Niclas Parry's view that suggestions put forth by the Probation Service were sensible.
"He wants me to put front and centre before the court his remorse," he "said.
"He is someone who has struggled for years with his mental health.
"All indications are this this is someone who is turning over a new leaf.
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"He is in work and the money goes towards his child and his widowed mother."
Mr Saddington added his client represents a realistic prospect of rehabilitation.
Judge Parry told the defendant: "One can only imagine the sheer terror felt by the parents - you were a total stranger, appearing in their home and you attacked the dad.
"You repeatedly struck him and even when the victim sensed that you had issues, having been attacked, tried to comfort and help you.
"You attacked him again.
"And it's almost as disgraceful that in hospital, where police took you to help you, you were abusive to hospital staff.
"Some three weeks earlier, you entered a pub where you were banned and tried to steal alcohol."
The Judge handed down an overall sentence of 18 months in prison - but suspended it for two years.
Hamilton must pay £2,000 compensation to Mr Hunter as well as undertaking a 120 day alcohol abstinence requirement, 15 days of rehabilitation activity and a mental health treatment requirement.
A three year restraining order was imposed to prevent Hamilton from entering the road where Mr Hunter lives, as well as contacting him and his wife in any way.
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