A FORMER Army corporal who sank his teeth into a man’s nose as violence flared inside a Whitehaven taxi has been spared immediate prison.
Carlisle Crown Court heard a dispute arose on a Duke Street rank late on March 29 over who was entitled to a mini-cab. Paul Gearing got into the vehicle first and spoke to 39-year-old stranger Simon Burckett as he leaned in through an open door.
As words were exchanged and trouble began, Mr Gearing was seen swinging punches towards Burckett, who responded in kind. Both had been drinking.
A police officer summoned to the scene saw 10 members of the public trying to remove Burckett, who was lying on top of Mr Gearing in the back of the taxi. “At some stage during this commotion the defendant (Burckett) has bit Mr Gearing on the nose,” said prosecutor Kim Whittlestone. “This was seen by the PC.”
Burckett was taken from the taxi, handcuffed and made alarming comments while being transported to a police station. He later admitted unlawful wounding having used excessive self-defence.
Mr Gearing was treated in hospital, needed to undergo reconstructive surgery and was left anxious by the attack.
Burckett, a former Army corporal and ex-doorman turned businessman, was stated by people who knew him well to have acted “entirely out of character”, was under strain at the time and suffered from significant mental health difficulties.
The father-of-three, of Holthouse Road, Tottington, near Bury, had an 18-month jail term suspended for 18 months. He must complete rehabilitation, 240 hours’ unpaid work and pay £2,000 compensation.
Judge Julie Clemitson concluded there was a prospect of rehabilitation and that prison would have a negative impact on Burckett’s family and business. But she told him: “You should not underestimate how much your actions have had an impact on Mr Gearing. This was a sustained incident which resulted in serious injury. You used your teeth as a weapon.”
