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Victim Convicted by Legal System that Failed to Protect Him

Man with imitation gun jailed

Norfolk Eastern Daily Press - Norfolk,England,UK - Written by Maureen Ashworth - November 18, 2004

A father who "petrified" his neighbours by threatening them with a BB gun after a dispute over barking dogs was yesterday sentenced to six months in prison. Phillip Emms, of New Street, Cawston, near Aylsham, shouted and swore at police who handcuffed him after the incident.

The 25-year-old, who denied making threats to kill his neighbours Simon and Suzanne Mitchell but admitted possessing the imitation gun, appeared for sentence at Norwich Crown Court yesterday.

David Wilson, prosecuting, said Emms threatened to give the Mitchell's "a beating" as they unloaded their shopping at about 6.30pm on July 10. He then went home and reappeared with what looked like a shotgun, leaving Mrs Mitchell "petrified."

Ian James, defending, said the Mitchells had 10 dogs at their house and Emms two-year-old child was frequently disturbed by the noise of the dogs barking.

He gave the judge four letters from other residents, setting out the situation, and said Emms had tried to resolve the situation going through the proper channels without success.

Sentencing him, Recorder Ian Foster said: "I have read the letters from various neighbours but the fact remains that it must have been absolutely terrifying for the persons at whom you pointed the gun and threatened to kill. "No sentence is possible except custody."

Emms had a previous conviction for common assault.

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