Elderly Sheffield victim of baseball bat attack left stunned after his attacker walks free from court

Sheffield Crown Court heard on February 24 how Daniel Kenyon, aged 45, of Wood Spring Court, at Grimesthorpe, Sheffield, attacked his 71-year-old neighbour Brian Johnson with a baseball bat after accusing him of trespassing into his garden while the pensioner had been painting a fence.

The relationship between the neighbours had deteriorated after Mr Johnson had raised concerns about the proximity of a new fence and some minor damage, according to prosecuting barrister Katherine White, and when he decided to paint his side of the fence he was attacked by Kenyon who videoed the incident on his phone.

Judge Sarah Wright told Kenyon: “In July, last year, Mr Johnson came into your garden to paint a fence. I have seen the footage. You clearly, completely lost your head. You were shouting at him unreasonably telling him to get out of your garden when all he was trying to do was paint a fence.”

Mr Johnson had feared for his safety and crouched down as Kenyon who was armed with a baseball bat struck him three or four times to his back and a leg, according to Ms White.

Ms White added: “Mr Johnson described feeling extremely scared and in a great deal of pain and he described the attack as unprovoked.”

Kenyon videoed the incident on his own phone and he could be heard on the footage which was played in court insisting that Mr Johnson had been trespassing before he attacked him.

The court heard the defendant also posted the video on Facebook with a lengthy caption accompanying the footage, according to Ms White.

Kenyon, who has ten previous convictions for 37 offences, pleaded guilty to assault occasioning actual bodily harm after the incident on July 24, 2022.

Mr Johnson suffered serious bruising across his lower back and a leg and he has since suffered flashbacks and symptoms indicative of a post traumatic stress disorder.

He told the court: “I was assaulted by Daniel Kenyon with a baseball bat on July 24, 2022. I suffered severe bruising to my back, thighs, knees and calves. As well, I suffer from PTSD and I am on anti-depressants and receiving therapy. I feel vulnerable and intimidated especially because the offender lives next door to me. He is a 45-year-old body-builder.”

Mr Johnson added: “My quality of life has deteriorated since the baseball bat incident. I cannot even begin to describe the feeling of terror I experienced when attacked by the offender.”

He also said he struggles to sleep and suffers with nightmares and flashbacks and feels depressed, tearful and unsafe.

Defence barrister Katie Hodgkinson said Kenyon who has been diagnosed with an autistic spectrum disorder and suffers with PTSD had felt distressed to find Mr Johnson in his garden.

Ms Hodgkinson added Kenyon had not intended to cause Mr Johnson any serious harm and he regrets his actions and accepts he should not have acted in the way he did and he expresses his sincerest apologies.

Judge Wright acknowledged Kenyon who works part-time has led a ‘productive life’ and he is seeking help and adopting strategies to cope with issues.

She stressed she felt there is a realistic prospect for Kenyon’s rehabilitation which ‘only just’ allowed her to impose a suspended prison sentence.

Judge Wright sentenced Kenyon to 12 months of custody suspended for 12 months with a Rehabilitation Activity Requirement and 150 hours of unpaid work. Kenyon must also pay £750 in compensation to Mr Johnson and the defendant was also made subject to a five-year restraining order to protect the complainant.

Following the sentencing hearing, retired librarian Mr Johnson said: “I am very disappointed. I would like to have seen a custodial sentence. I think it merited it. I have looked up the ranges for ABH and you can get six-months’ minimum and the judge said you are free to go. He has got away with it.”

He added: “Yes, he has difficulties but it is no excuse for coming at a man with a baseball bat.”