Spoooooooooonnnnnnnnnnn menace!
<url:http://news.bbc.co.uk/1/hi/england/beds/bucks/herts/38-
57567.stm>
Man cleared of murder with spoon
A judge had to clear a court after an outburst when a man
was cleared of murdering another man, by hitting him on the
head with a dessert spoon. Family and friends of Timothy
Magee shouted at the jury who returned the not guilty
verdict at St Albans Crown Court on Thursday.
Richard Clare, 31, a heroin addict was cleared of murder and
an alternative charge of manslaughter.
He was also cleared of causing actual bodily harm to
another man.
The court had heard Mr Clare used the spoon to inflict a
fatal wound on Mr Magee, 38, in a row over a mobile phone on
28 November last year.
Mr Clare hit Mr Magee on the back of the head with the spoon
after he had taken the mobile phone from a third man.
The spoon's impact ruptured an artery and caused fatal
bleeding in the area between his skull and brain.
Self-defence claim
On the day of the incident, Mr Clare climbed out of a window
at Vale House Drug Rehabilitation Centre, Hertford and took
a taxi to disabled James Gibson's home in Blythway House,
Welwyn Garden City.
He was not able to collect cash that he thought Mr Gibson
owed him, but admitted to stealing the man's phone in a bid
to swap it for some heroin.
Later, Timothy Magee, an acquaintance of Mr Gibson, joined
him and tried to get the phone back.
Mr Clare said he was acting in self defence after being
butted by Mr Magee and suffering blows from Mr Gibson's
walking aid.
The jury was told that Mr Gibson had also died.
Mr Clare denied murder and causing actual bodily harm to
James Gibson.
He admitted stealing the phone and was jailed for seven days
by Judge Findlay Baker QC. Time spent on remand meant he was
to be released immediately.
Guy
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