Man threatened with ammonia spray in Middlesbrough

James Brear, who was hastily pulling a balaclava over his face, along with an unknown accomplice, confronted the victim as he got out of his car in Albert Terrace, a side street off Linthorpe Road, Middlesbrough, at 11pm on February 18.

Durham Crown Court heard that as they approached him, Brear repeatedly asked the man: “What have you got?” and: “Give me what you have got.”

Paul Rooney, prosecuting, said Brear, who was holding a bottle of ammonia, then said: “Give us what you have got or I’ll squirt you”, and the victim said he felt the defendant wanted either money, his car keys, or both.

Read more: County Durham people charged in court with theft in last two months

He replied, however: “You’re getting nothing”, and, seeing the bottle in the defendant’s hand, as Brear again threatened to spray him, he backed away, retreated to his car and drove away.

Mr Rooney said the victim used to work in security at pubs and clubs in the town and recalled knowing the defendant as someone called “Brear”.

He looked up his profile page on Facebook and soon recognised the defendant from his picture as the person who tried to rob him.

Once police were informed and given the name, officers went to an address in Albert Terrace at 1.20am, little more than two hours after the incident,

They found Brear sitting in a chair in the front room with the balaclava on top of his head.

He walked to the middle of the room and was arrested, while the ammonia bottle was found hidden under a cushion of the chair on which he had been sitting.

Brear gave mostly “no comment” replies when interviewed and despite being identified as the culprit by the victim in a forthcoming video identity parade, he pleaded not guilty to a charge of attempted robbery.

But on the day of his scheduled trial, the 21-year-old defendant, ot Eastern Street, Thornaby, changed his plea to guilty.

Read more: Jailing of man for prolonged attack among cases sentenced at Durham Crown Court in recent days

Mr Rooney read the victim’s impact statement in which he spoke of the effect of the crime on his mental health.

He said he was prescribed with anti-depressants for anxiety and has now become very security conscious at home, while the stress of the ordeal has brought about the return of psoriasis, afflicting his hands, elbows and legs.

The court heard that Briar’s past offences include a conviction for possessing a knife in public, found by police in his waist band, as well as also being in possession of an ammonia bottle, after a road traffic incident, also in Middlesbrough on February 17 this year, the day before the attempted robbery was committed.

Discussing where the offence stands in the sentencing guidelines, Robert Mochrie, in mitigation, said: “Inevitably an offence such as this is going to have a psychological impact on any person, but does that mean its ‘significant’?

“It was obviously a disturbing incident for the victim, there’s no getting away from the fact it will have disturbed him greatly.”

Judge James Adkin pointed out there was a “persistence” about the threats.

Mr Mochrie said the defendant has “hated” his time on remand in prison, adding: “He’s still a young man and this is going to be his first significant sentence in custody.”

Imposing a sentence of 43-months in custody, Judge Adkin said but for his late plea of guilt, the defendant would have received a straight four-year stretch.

Read next:

                Future of Durham city restaurant 'left in jeopardy' after burglary

                County Durham man returned home to discover burglary

                County Durham defendant risked activating suspended sentence order with thefts late last year

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