BAD feeling between two Penrith men led to a late-night confrontation with one of them demanding the other leave his house to fight.

But the defence lawyer who represented 30-year-old Gavin Birkett told Carlisle’s Rickergate court that his client acted as he did two weeks after the victim had gone to his home and physically attacked him.

Birkett, of Carleton Hall Walk, Penrith, admitted two counts of using threatening behaviour - against the man involved and his partner. 

Diane Jackson, prosecuting, said the public order incident began on the evening of April 24 as the victims were at home, in their bed in an upstairs room. They suddenly heard loud voices and initially thought it was their neighbours arguing.

They then heard a loud bang and so looked outside.  From the street, Birkett began shouting at the man, telling him to “come outside” and “We’re going to sort this.”

“He started shouting that he should come away from the cameras and go round the corner to fight," said Mrs Jackson.

“He said: ‘Come to my house and I will have you… You’ll get what’s coming. I’ll stab you and stand over your body and laugh.” Mrs Jackson stressed that there was no formal allegation of violence by the victim.

Mr Smith said the victim had made “unsubstantiated” allegations suggesting that the defendant had damaged his car and the police had taken no action over this. “It just hasn’t taken place,” said the lawyer.

Mr Smith continued: “Two weeks before this incident, [the victim] went to my client’s address and hammered on the door. The door was opened, and [the threats victim] entered and punched him several times.”

The male threats victim was “no stranger” to the court, said Mr Smith.

The lawyer accepted Birkett shouted at the man and did invite him outside to fight but this was a consequence of what the victim had done at the defendant's home. Birkett had come to court intending to deny the threats charges.

But he now understood he was not entitled to act as he had. Mr Smith added: “He wants nothing to do with this man.”

Magistrates imposed a 12-month conditional discharge for the two offences. They also imposed a two-year restraining order, banning any contact with the victims and forbidding Birkett from going to their address.

The defendant must pay £85 costs and a £26 victim surcharge. An allegation that Birkett caused criminal damage to the victims' front door was withdrawn.