Judge blasts CPS as burglar who battered a brave father walks free

A frustrAted judge slammed prosecutors for not bringing tougher charges as he was forced to let a violent thug walk free from court.

Macauley Ware, 22, and an accomplice beat up a father in the street after he caught them leaving the scene of a burglary.

He later threatened to sexually assault a policeman’s wife and attack officers with a screwdriver. However, he was only charged with common assault – restricting the punishment he could receive.

sentencing Ware, Judge simon Jack criticised the Crown Prosecution service’s decision. ‘I’m astonished the defendant was charged with common assault in relation to the attack on an innocent bystander, who was trying to do his public duty,’ he said.

‘Whatever sentence I can give this defendant will not be reflected by the maximum available – and I wish that message to get back to those responsible for charging.’

the judge gave Ware a suspended 12-month prison sentence after being told he had already served six months behind bars on remand. six months is the maximum term for common assault, while the next most serious charge, actual bodily harm, carries up to a five-year sentence.

the case comes days after the daily Mail highlighted the widescale problem of soft justice in Britain’s court system Threats: Macauley Ware that allows violent offenders to avoid prison sentences.

tamara Pawson, prosecuting, told Hull Crown Court that Ware and an unnamed accomplice were seen by Keith Beaumont, 45, in an alleyway near his home.

Mr Beaumont went to get a torch so he could investigate. He heard ‘banging’ coming from a nearby shop in Hull and saw the pair carrying ‘tool bags’.

Macauley told him: ‘Mind your own ****ing business! It’s nowt to do with you. **** off!’ threatening to burgle him too, he added: ‘Watch your house – I’ll have it done.’ Mr Beaumont was then attacked by the men, Miss Pawson said. He was hit over the head with a tool box and punched and kicked while he was on the ground. the violence only stopped when a passer-by intervened.

Mr Beaumont’s wife saw him being attacked and called police. Her husband, who suffered cuts and bruises, later received a phone call from a man he believed to be Ware, who said: ‘I’m going to carve you up. I’m going to kill you.’

Ware, who suffers from mental health problems, and his accomplice had stolen power tools from a Big stuff store. About £100 of damage was caused to a steel shutter during the break-in.

five days later, police received a 999 call from Ware at 5.30am. He told them he was planning to hand himself in after taking his medication, but officers had ‘ruined their chance’ by visiting his mother. He then threatened to sexually assault the policeman’s wife, and said he would harm any officer he came into contact with by ‘ sticking a screwdriver in their throats’.

A constable who had been familiar with Ware for five years said he believed the threats ‘would be carried out’.

Ware, of Hull, was arrested but told police he had ‘no memory of any offences’. He later admitted burglary, common assault, sending an offensive communication, and breaching a conditional discharge.

richard thompson, defending, said Ware was diagnosed with attention deficit hyperactivity disorder (AdHd) aged 12 and had a range of mental health issues, but had stopped taking his medication after the breakdown of a long-term relationship. the court was told Ware had been ‘very disturbed’ when he was arrested and was taken to a mental health unit.

A Crown Prosecution service spokesman said: ‘We note the comments of the judge.’