Judge questions own decision to spare ‘mad’ Portsmouth man jail who smashed partner with hammer and went on rampage

Judge Richard Shepherd told Portsmouth Crown Court he went ‘out on a limb’ in not jailing Samuel Simpson after admitting ‘I don’t know if I made the right decision’. The judge flagged up worries he could end up seeing the attacker’s picture on the front of the newspaper in the future for ‘killing a partner’ after allowing the 37-year-old to keep his liberty.

The court heard how Simpson, of Aberdare Avenue, Drayton, became menacing towards his girlfriend when he turned up at the address on August 26. ‘When he stepped in the house he became aggressive and started smashing things and calling her names and questioning why she had make-up on,’ prosecutor Rob Harding said.

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During the melee as Simpson turned ‘mad’, a male neighbour, who heard the commotion, tried to calm things down before he was rounded on. ‘The defendant went and got a hammer and chased him with it. He used the hammer to smash glass panels of a car door,’ Mr Harding said.

Two days later, Simpson’s partner returned to the address to find him in the hallway with a hammer smashing ornaments. The female’s friend rang during the violent outburst before Simpson grabbed the phone and shouted at the friend. He then ‘swung the hammer round landing a blow to her right hand’.

Mr Harding added: ‘(The woman) looked down and the right finger was bent downwards. The injury had to be straightened by doctors and she had to return for emergency treatment.’

The woman, in a victim impact statement, said she was unable to work due to her injury and felt ‘guilty and distressed’ for not being able to look after her young child.

Daniel Reilly, mitigating, said Simpson suffers with ‘mental health difficulties’ including bipolar, personality disorder and PTSD. He added: ‘(Simpson) takes full responsibility for his actions.’

After pleading for Simpson to be spared jail and be given the chance to make amends in the community, judge Shepherd admitted he was in two minds over what to do. ‘My fear is that at some point I will read the local newspaper and your face will be on the front page and you will have killed a partner…because that’s how quickly these cases deteriorate,’ he said.

‘If that’s my fear, how do I best manage the risk? Do I lock you up for two years because that’s what you deserve? Or am I persuaded you deserve to go on a (rehabilitation) program and let probation work on you as the best way to protect the community in future?’

Judge Shepherd put Simpson out of his misery and confirmed he would not jail him, instead imposing a 24-month jail term suspended for two years. He must also complete 250 hours of unpaid work, 30 rehabilitation days and was given a five-year restraining order. ‘I’ve gone out on a limb here for you,’ the judge said before turning to Simpson’s parents in court and adding: ‘I don’t know if I made the right decision. If you see it going the wrong way get help.’

Simpson admitted assault occasioning actual bodily harm, affray, possessing a hammer and criminal damage.