A judge has sentenced a 20-year-old man with learning difficulties to 32 months in a youth offenders’ centre for the stabbing of an off-duty police officer in Strood, Kent, in 2022.
Harvey Smalling pleaded guilty to affray and grievous bodily harm with intent, in a trial at Maidstone Crown Court which concluded yesterday.
Over 17 months ago in the early hours of July 18th 2022, Smalling, who was 19-years-old at the time, stabbed an off-duty policeman on Commercial Road in Strood.
The court was told that the victim, Daniel Carter, was with a colleague who was also off-duty, when they entered a McDonalds restaurant after a night out.
‘Danger’
Following an argument between the victim and the defendant regarding who the ticket holder was for a meal being called out for collection, the conflict spiralled out of control into the street, where the stabbing took place.
In a statement from Mr Carter, he said that he “became concerned the defendant might be a danger”. He added that moments before the stabbing, he had put his arm up and said “I’m going to call the police” to attempt to scare Smalling away.
The victim said he pushed the defendant away from his personal space, and was then stabbed once on the left-hand side of his body.
Daniel Carter was airlifted to a London hospital after the attack, with a 1cm wound, but survived his injuries.
Smalling, of Eldred Drive, Orpington, was charged on Friday July 22nd 2022 and has been remanded in custody since the arrest.
Over a year later, the court got to hear the breakdown of this incident.
Diagnosis
During the 17 months Smalling has been in custody, he has received a diagnosis of autism, ADHD and Obsessive Compulsive Disorder. His defence counsel, barrister Sophie Evans said this was an “important element” when considering how Smalling doesn’t react in the same way as someone who doesn’t have learning difficulties.
The judge, His Honour Judge Statman, said a psychiatric report from Dr Ian Cummins gave a “complete picture of Smalling’s mental health difficulties”.
The defendant also wrote a letter to the court expressing his difficulties in custody while battling his mental health disorders.
The judge said he considered the defendant’s age, learning difficulties and law-abiding behaviour before this incident before making his judgement.
However he concluded that Smalling “was responsible for taking a course of action which is unacceptable and unlawful”.
He said: “No individual should be in fear of being stabbed by another with a knife at night.”
A statement from the victim was presented to the court, which detailed the effect the attack had had on him. It said he has had “real difficulties in coping with the fact that he was fortunate to get away from being more seriously injured” as a result as the defendant’s act.
Mr Smalling has become a father since being remanded in custody and the child is now one year old. The judge said he considered these circumstances when reducing the sentence.