Brothers left electrician 'almost dead' in hammer attack at flat

Andrew Marshall, 33, was seen leaving his home with his brother Paul, 35, in the early hours of September 2 last year, and they were later caught on CCTV cameras inside the address in Yarm Road, Stockton

The case began at Teesside Crown Court with a 90 second video filmed on police officers' body cams of the victim John Smitheringale , an electrician, lying in a pool of blood and unconscious after the attack

No motive was given in open court by the prosecutor Richard Bennett, and a senior defence barrister said that he would not outline it to spare the victim and families

Judge Simon Bourne-Arton QC said: "The reasons for the attack would serve no purpose to be outlined in court.

"I am quite satisfied it was a planned attack from the beginning

"It was an appalling attack, he nearly died and he was left significantly impaired. "

The judge said that Andrew Marshall went to help his brother in the attack.

Marshall, of Howard Walk, BIllingham, was jailed for four and half years after he pleaded guilty to inflicting grievous bodily harm on Mr Smitheringale and upon his friend Bruce Oliver who tried to halt the attack.

Paul Marshall, of Greenbeck Road, Stockton, was jailed for 17 years after he pleaded guilty to attempted murder

Mr Bennett said that Mr Smitheringale was hit about ten times with the hammer in the kitchen of the flat, and surgeons had to remove a section of his skull and replaced it with a titanium plate

The brothers both appeared in court over a videolink from Durham Prison.

Richard Wright QC, defending Andrew Marshall, said that he went with his brother out of a sense of loyalty.

Cleveland Police said John's family wished to pass on their thanks to officers, the ambulance service and the NHS for saving his life and for the treatment and support he has subsequently received, and that they welcome the sentences imposed upon Paul and Andrew Marshall.

Investigating officer, Detective Constable Rachael Johnson, said: “Paul Marshall, accompanied by his brother Andrew Marshall, inflicted life-changing injuries on their victim.

“John Smitheringale was admitted to hospital following a traumatic brain injury which required emergency neurosurgery.

"John has recovered well physically from his injuries, however, his brain injury has impacted him significantly. He is expected to improve with continual therapy and family support.

“The sentences handed to Paul and Andrew Marshall reflect the seriousness of their attack and the life changing injuries sustained by John. I hope that this can bring some comfort to the him and his family.”