Dad avoids jail for attack on postie who kicked his dog

[TrueBlueTerrier]

https://www.liverpoolecho.co.uk/news/li ... g-15214964" onclick="window.open(this.href);return false;

A dad who punched a postman for kicking his “cute” little dog walked free from court.

Richard Ditchfield was found guilty of attacking Steven Lomax after the "red mist" descended outside his Widnes home.

The punch - which Ditchfield claimed came after Mr Lomax kicked his dog - left the postie with serious facial injuries.

Trouble flared when the postman approached Ditchfield's home on Twyford Close in October 2017.

The 31-year-old and a neighbour claimed Mr Lomax kicked George four times after he had playfully jumped up at him to say ‘hello’.

The defendant said he had pushed him in defence of his pet, himself and his neighbour, Colette Swain, who was crouching down stroking the dog.

But a jury found the electrical engineer guilty by an 11- 1 majority of inflicting grievous bodily harm.

During the trial, the six-foot tall victim said as he arrived at Ditchfield’s home the dog, which was in the front garden with Ditchfield and Mrs Swain, began barking at him.

It was on a lead attached to a large rock but broke free, jumped up and bit him on the back of the leg.

He told the court, “I instinctively kicked the dog with my left foot to get the dog away from me and to prevent it attacking me further.”

Martyn Walsh, prosecuting, told Liverpool Crown Court the 46-year-old postman fell to the ground and at Whiston hospital it was found he had suffered scratches on the back of his left calf, consistent with a bite, fractures to both sides of his nose and his eye socket and a graze to the back of his head and was detained overnight.

Ditchfield, who described George as “like a teddy bear” claimed Mr Lomax had been kicking and stamping on the dog.

He said: “I was in shock, I didn’t really believe what was happening. It took the fourth kick to register what was happening…..I was absolutely devastated.”

He said he pushed Mr Lomax with both open palms but only one made contact with his face and denied punching him.

He knelt down beside him to help him and then ran to get his colleague, who was further down the road.

He gave him water and a tissue and called the police.

Mrs Swain claimed Mr Lomax had been a couple of steps away and he made a growling noise and George jumped up with both front paws to say ‘hello’.

She added: “His paws just touched him and the postman started kicking him to the jaw. My immediate reaction was complete shock, it was just a bizarre situation.

“He kicked him two or three times straight to his face. The dog stopped with his head down as if dazed.”

Mrs Swain claimed Mr Lomax then kicked him in the body “which made me feel sick. I turned and picked the dog up. I didn’t think he (the postman) was going to stop.”

She said she did not see George bite him.

Recorder Ian Unsworth, QC heard Ditchfield, who has no previous convictions, has been served with two civil actions on behalf of the postman for the injuries he suffered.

He had had to fund his own legal defence for the criminal prosecution and did not live a lavish lifestyle.

Simon Christie, defending, said Ditchfield “has been an exemplary husband and employee. He is the sole breadwinner and has three children. He has sold his car to assist with his outgoings.”

He said he immediately went to the victim’s aid after “the flash of red mist” and is “horrified to find himself in a crown court.”

Sentencing Ditchfield, Recorder Unsworth said the case was so serious he had to impose custodial sentence.

But he suspended the 22 month jail term for two years and ordered him to carry out 100 hours unpaid work for the attack.

Sentencing the dad-of-three, he said: “Your dog, George, a Shih Tzu cross Lhasa Apso cross poodle, described as a cute dog, is the small but unlikely starting point in a series of events which led to postman Steven Lomax suffering serious injury.

“It is clear to me that the interaction between your dog and Steven Lomax is what caused you to behave in the way you did. I am quite satisfied were it not for the incident between the dog and Mr Lomax none of this would have happened.”


He described Ditchfield’s actions as “excessive self-defence.”

The judge said the injuries suffered by the victim had resulted from a “powerful, well delivered and significant blow to the face”. He had to undergo surgery and have metal plates and pins inserted in his nasal fractures.

He pointed out that postal workers “provide essential services to people in this country, even in this digital age” and they must be allowed to carry out their work without fear of violence.

[NWpostie]

So he got off lightly.

I would appeal that sentence because its unduly lenient.

[eric the viking]

“It is clear to me that the interaction between your dog and Steven Lomax is what caused you to behave in the way you did. I am quite satisfied were it not for the incident between the dog and Mr Lomax none of this would have happened.”

Nice bit of victim blaming.

[hans solo]

poison the dog simples

[twoloops]

There is a post on Twitter this morning that's getting plenty on airtime some of the comments are laughable, not sure how to link a Twitter post? But sure someone could? It's posted by @aeawilliams & the post is:-
@aeawilliams
A week ago, a #royalmail employed postman kicked my dog. Leaving him covered in his own urine & cowering @RoyalMailHelp said they’d find the man & pay my vets bills. Today, I’ve heard nothing & the same postman delivers to my door again. #employingcruelty

[TrueBlueTerrier]

There is a post on Twitter this morning that's getting plenty on airtime some of the comments are laughable, not sure how to link a Twitter post? But sure someone could? It's posted by @aeawilliams & the post is:-
@aeawilliams
A week ago, a #royalmail employed postman kicked my dog. Leaving him covered in his own urine & cowering @RoyalMailHelp said they’d find the man & pay my vets bills. Today, I’ve heard nothing & the same postman delivers to my door again. #employingcruelty

[arnold cheshire]

poison the dog simples

Out of order

[hans solo]

no its not if a dog bites me i can assure you its days are numbered

[scoobydo79]

Sorry Judge. You have just let all public services workers down big time.Should have been jail sentence for Ditchfield :crazy:The postman had fractures to His nose.That was not done by being pushed He was punched

[TrueBlueTerrier]

no its not if a dog bites me i can assure you its days are numbered

I understand the sentiment, but with the furore going on at the moment because 1 postie kicked a dog and made it wet itself, its perhaps not the best way to voice your opinion. You can imagine the headlines if the Sun or Daily Mail spot it.