Man fractured his uncle's skull in Keighley attack

Bradford Crown Court heard how Muddasar Arshad donned a black balaclava for the assault at a Keighley takeaway business last summer, which was caught on the premises' CCTV.

Arshad, who was just 19 at the time, burst through the door wielding the 80cm-long wooden club and repeatedly shouted “I’m going to kill him!” before striking his uncle on the head, leaving him with “life-changing” injuries.

He later commented: “This could have been murder, couldn’t it?”

Sentencing Arshad, Recorder Abdul Iqbal KC said: “It seems that there had been some difficulty between you and your uncle, some disagreement relating to pigeon breeding that both of you have an interest in.

“You masked yourself and armed yourself with a pickaxe handle with the intention to attack him, and you did attack him.”

Prosecutor Oliver Connor told the court that the victim had never been supportive of the prosecution and had refused access to medical records. His son, a witness to the attack, provided a statement that was subsequently withdrawn.

The attack happened at Diamonds Cafe in Cavendish Street, Keighley, at 9.30pm on June 3 last year.

Arshad, who was shouting and screaming, entered the premises through a back door and approached his uncle, who was in the kitchen.

He swung the pickaxe handle at him five times and then ran out, followed by several people including his uncle and cousin.

He continued his attack outside, repeating his threat to kill, and hit his uncle on the back of the head, which knocked him to the ground.

At that point, Arshad said: “I’ve killed him.” He threw the pickaxe handle at the victim, took off his mask, and ran off.

An ambulance and the police were called. The victim was found bleeding from a head wound with a large pool of blood in the street. Multiple bandages were needed to stem the flow of blood from his injury. The bat was found nearby.

At Airedale Hospital he was found to have a fractured skull and a fractured elbow as well as two blood clots plus blood in his ear canal. One blood clot had to be removed, and the wound was sutured.

Mr Connor said a medical expert who examined the victim said the wound could have been life-threatening due to the force used to cause the skull fracture.

It was accepted that the injury was life-changing.

Arshad, now 20, was arrested at his home. During an interview he made no comment to questions. He later pleaded guilty to causing grievous bodily harm and possession of an offensive weapon in public.

The court that he had a previous conviction for assaulting an emergency worker.

Mitigating, Simon Hustler acknowledged the very serious nature of the assault and that it had the potential to end “in a very different way”.

He said Arshad, having read the forensic report into the incident, said: “This could have been murder, couldn’t it?”

He said no excuse had been offered for Arshad’s behaviour and none was available. He said the assault had arisen out of a very minor incident that escalated following tensions between two sides of the family that have since been resolved.

Sentencing Arshad, of Gipton Wood Crescent, Leeds, to 24 months' detention in a young offenders' institution for GBH, suspended for 18 months, plus eight months for possession of an offensive weapon, to run concurrently, Recorder Iqbal said this incident and his previous conviction showed “a worrying trend” in his life.

He added: “That is that you are a young man who is prepared, when it suits you, to use violence rather than non-violent means to resolve disputes.

“You attacked your uncle in a pre-meditated attack.”

However due to Arshad’s age and his limited criminal record he decided “only just” to spare him immediate custody.

He added: “I hope that you are embarrassed and ashamed.”

He ordered Arshad to complete 200 hours of unpaid work, to undertake 25 rehabilitation activity requirement days, and to pay £1,000 towards court costs.