A son who stabbed his ‘abusive’ dad five times in the leg during Father’s Day row over their roast dinner has been spared jail. Ben Smith, 22, from South London, was ’emotionally triggered’ when Michael Smith criticised his lamb and smacked him around the head three times, reminding him of physical and emotional abuse during his childhood, the Old Bailey heard on Thursday, January 16.
Smith, who has 13 previous convictions, including four against a person and three for offensive weapons, walked free with a nine-month jail sentence suspended for 18 months, confiding in his barrister ‘I thought I was a goner’ outside the court.
Judge Sarah Whitehouse KC deemed Smith and the public would be better served with 35 days of rehabilitation outside of the failing prisons.
Despite their ‘turbulent’ relationship and lack of contact over the years, the Smiths agreed to meet for beers at a Wetherspoon’s in Bromley before heading back to Michael’s home to continue drinking and watch the Euros. But when Ben Smith, of New Acres Road in Thamesmead, went to serve his dad roast lamb, Michael’s fury led to a flurry of assaults that ‘brought back unpleasant memories’.
Michael hit his son to the side of the face and the back of the head before punching him in the nose, the court heard. Unable to control his anger, Smith retaliated with the knife he had used to carve the lamb, plunging it into his father’s leg five times. Judge Whitehouse told Smith he was lucky not to kill his father, citing the deadly consequences of striking the femoral artery.
Ben Smith will have to complete 35 days of rehabilitation instead of going to jail
(Image: MyLondon)
Smith then fled the scene to ask his mum for help and she told him to call an ambulance. When police arrived, they found Smith sat on the doorstep with blood down his arms and he pretended not to know what happened. He was arrested the same day (June 16, 2024) and taken in for questioning, where he initially repeated his claim he left the flat and returned to find his father with stab wounds.
But Smith later recanted the story and submitted a basis of plea detailing ‘childhood abuse’, the row over the lamb, and his use of the knife. He was initially charged with a more serious Section 18 wounding with intent offence, but that was left to lie on file after he admitted Section 20 wounding without intent. The prosecution accepted there was a degree of provocation and self-defence.
Though Michael could have been killed, the judge said she accepted Smith was ‘stabbing out wildly’ not intending to hit an artery. She also recognised Smith had a ‘difficult’ childhood with ‘abuse’ by his father — who did not support the prosecution — and highlighted comments from Smith’s mother, describing him as ‘kind and caring and supportive’.
‘A short spell in prison won’t help’
Judge Sarah Whitehouse KC indicated prison was not the best option for rehabiliating Ben Smith
(Image: Getty Images/LinkedIn)
Judge Whitehouse said: “It seems to me although this passes the custody threshold, and although Mr Smith has a long criminal record for someone his age, including offences of violence, on balance, the public are better served by suspending any sentence I pass.
“It seems from Mr Smith’s record, there’s a concern about his ability to control his anger. But a short spell in prison won’t help him or anyone else.
“You will continue to present a risk if you simply go to prison with no support. It’s still possible with proper support and assistance you can be rehabilitated. The public would be better protected by rehabilitation in the community.”
Smith, a daily cannabis user, received no separate penalty for cannabis possession.
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