A judge has blasted the CPS after a violent thug who attacked a homeowner during a burglary and threatened to sexually assault a police officer’s wife walked free from court.
Judge Simon Jack said he was ‘astonished’ Macauley Ware, 22, was not charged with a more serious offence over the attack on the resident.
His victim became suspicious after seeing Ware and an unnamed man down an alleyway near his home, in Hull, East Yorkshire, in the evening of February 4.
Both men then attacked the victim by hitting him over the head with a tool box, punching and kicking him while he was on the ground and attacking him again after he briefly got away.
Judge Simon Jack said he was ‘astonished’ Macauley Ware (pictured), 22, was not charged with a more serious offence over the attack on the resident
Judge Simon Jack said: ‘I’m astonished the defendant was charged with common assault in relation to the attack on an innocent bystander, effectively, who was trying to do his public duty, and whatever sentence I can give this defendant will not be reflected by the maximum available, and I wish that message to get back to those responsible for charging.’
The victim went to get a torch when he saw the two men and heard ‘banging’ coming from a nearby shop, prosecutor Tamara Pawson told Hull Crown Court.
He saw the pair emerging carrying ‘tool bags’, and Macauley told him: ‘Mind your own f****** business. It’s nowt to do with you. F*** off. Watch your house – I’ll have it done.’
The subsequent violence only stopped when a passer-by intervened, leaving the man with cuts and bruises.
His wife saw him being attacked and called police. The man later received a phone call from a man he believed to be Ware, who said: ‘I’m gonna carve you up. I’m gonna kill you.’
In a victim statement, the man said he was worried about leaving his wife and children when he went to work.
His victim became suspicious after seeing Ware (pictured) and an unnamed man down an alleyway near his home, in Hull, East Yorkshire, in the evening of February 4
Ware and his accomplice had stolen a range of power tools from the vacant ‘Big Stuff’ store, but these were later recovered. About £100 of damage was caused to a steel shutter during the break-in.
Five days later, police received a 999 call from Ware at 5.30am, in which he informed them he was planning to hand himself in after taking his medication, but officers had ‘ruined their chance’ by visiting his mother’s.
He then made a number of sexual threats against the officer’s wife, and said he would harm any officer he came into contact with by ‘sticking a screwdriver in their throats’.
A constable who had known Ware for five years said he believed the threats ‘would be carried out’.
Macauley, of Redbourne Street, west Hull, was arrested and said in interview he had ‘no memory of any offences’. He later admitted burglary, common assault, sending an offensive communication, and breaching a conditional discharge.
He received six months for burglary, four months for battery to run concurrently, four months for offensive communication and two months for the breach, adding up to a 12-month sentence, suspended for two years.
In an earlier incident he had made threats against another police officer, the court heard.
Richard Thompson, for Ware, said he had already served the equivalent of a 12-month sentence, having spent six months on remand.
He said Ware was diagnosed with ADHD aged 12, had a range of mental health problems but had stopped taking his medication after the breakdown of a long-term relationship.
Mr Thompson said Ware had been ‘very disturbed’ when he was arrested and was taken first to the mental health facility Miranda House.
Ware, who appeared in the dock wearing handcuffs and was also handcuffed to a custody officer, was ordered to have up to 25 hours rehabilitation, and comply with a six-month curfew between the hours of 8pm and 8am.