A man who repeatedly stabbed his stepdad who he claims was verbally and physically abusive has avoided an immediate prison sentence.
Neal Clarke was 19 when he used a kitchen knife to stab his stepdad Joe Kelly several times at their home in Whinchat Road, Thamesmead.
Mr Kelly sustained wounds to his chest and head before he managed to get away and call 999.
Clarke, now 21, of Bridgwater Walk in Harold Hill, admitted grievous bodily harm but a jury found him not guilty of the more serious offence of grievous bodily harm with intent.
He told the jury he was acting in excessive self-defence and that Mr Kelly had bullied him for years, even showing them a scar he said was caused by his stepdad’s violence.
On Wednesday (May 29) Judge Neil Saunders spared Clarke an immediate prison sentence, instead giving him a suspended sentence.
Stabbed multiple times
The incident took place on the morning of March 2, 2022, the court was told.
Clarke was in his bedroom when Mr Kelly came in and put a stack of dishes in his room, prosecutor Efstathios Divaris said.
The court heard that after words were exchanged Mr Kelly then returned to Clarke’s room and a physical altercation began during which Clarke grabbed a kitchen knife and stabbed his stepdad multiple times.
“Mr Kelly was stabbed multiple times but managed to get Mr Clarke off him and left the house before phoning emergency services to say he had been stabbed,” Mr Divaris said.
Meanwhile Clarke ran outside and told a bus driver to phone the police, before going to his neighbour’s house in a distressed state.
He was arrested when police arrived at the scene and the court heard he told them he stabbed Mr Kelly in self-defence.
'Out of character’
Yimi Yangye, representing Clarke, said her client’s actions had been provoked by Mr Kelly.
Ms Yangye said: “It’s noteworthy that even in the complainant’s evidence, he says he returned to Mr Clarke’s space despite being told not to.
“It says a lot about the attitude he had towards Mr Clarke that he took dishes from one floor to another and threw them on his bed, and Mr Clarke did not react at that time. It was only when the complainant came back, as if to make that point ‘I’m older than you and I’m bigger than you’ that things escalated.”
Ms Yangye said Clarke is usually a “calm, courteous, respectful and honest” young man.
“His behaviour on that day was so out of character,” she said.
During the trial Clarke claimed that Mr Kelly had been verbally and physically abusive to him for a long time.
He said he once went to school with a scar from Mr Kelly and was teased by friends who called him 'scarface'.
Clarke has been on bail since the incident. He has not offended since and is raising a young family with his partner.
Suspended sentence
Judge Saunders, sentencing Clarke at Woolwich Crown Court, said: “I am not going to send you to prison today, but I can tell you this young man, this offence clearly passes the custody threshold.”
He sentenced Clarke to 18 months in prison, suspended for 18 months.
“Your evidence was that you had been scarred by an act of violence by Mr Kelly. You had been actively abused by him you said,” Judge Saunders said.
He said Clarke’s actions in telling a bus driver to phone police, telling his neighbour what had happened and his behaviour to police were all consistent with him having acted in self-defence.
The judge also cited a pre-sentence report which said Clarke posed a low risk of re-offending.
“You now have children of your own and have clearly grown up,” he said.
”You have shown a commitment to stay out of trouble for the last two years.”
Clarke was ordered to complete 100 hours of unpaid work and a restraining order was made.
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