Man jailed for mistaken CS gas 'retribution' attack

HIGH on cocaine and alcohol, a man sprayed CS gas into the home of a sick pensioner wrongly believing that people who robbed him at knifepoint were in there.

Christopher Lambert (27) went to the ground floor flat in Parkside, Totton, armed with a gas canister in the early hours of 2nd August last year in search of retribution, Southampton Crown Court heard.

But unbeknown to him, the flat he targeted belonged to 74-year-old Brian Robins and not the men he thought had robbed him.

Despite neighbours telling Lambert he had the wrong address, he sprayed the canister through an open window into Mr Robins’ premises, prosecutor Tim Lawson said.

He explained that the victim suffers with lung condition COPD and was left in “agony” and feeling very “frightened” as he struggled to see or breathe because of the gas.

He had to be rushed to Southampton General Hospital, where medics determined that no lasting damage had been done.

Arrested close to the scene, Lambert, of High Street, Totton, offered no comment in subsequent police interviews. Forensic tests on his clothes determined he had been in contact with CS gas.

The prosecutor said police had not been able to determine what exactly Lambert claimed was stolen from him, but worked out from texts on his mobile phone he wanted revenge.

In one he had bragged about having CS gas on him and said he was ready to use it “24/7”, Mr Lawson added.

He outlined to the court that the defendant had a lengthy criminal history that included 23 offences.

In the past seven years he had twice been given suspended prison sentences for robbery and also had a recent conviction for possessing a knife in a public place.

Lambert appeared before the court having pleaded guilty to possessing a prohibitive weapon and another of administering a noxious substance with a view to injure, aggrieve or annoy another person.

Defending, John Dyer said his client was “mortified” by what he had done, adding it was because Lambert was “high on cocaine and alcohol at the time” of the offence.

Mr Dyer apologised on Lambert’s behalf, adding he had been out of trouble for over a year and at times had held down a job with a stable income.

He explained the defendant suffered with ADHD, and his continuing mental health difficulties had meant that in the past the courts had been lenient.

Accepting the custody threshold had been passed, Mr Dyer questioned whether the court could offer the “mercy” of a community order.

Judge Peter Henry said the offences were “serious” and jailed Lambert for 15 months.

He noted Mr Robins was caused distress during the incident, adding: “For a person of that age in his own flat at night where he should have felt safe, and who suffers from a lung disorder, to be treated in this way is a very unpleasant and frightening thing.”

Addressing Lambert directly, Judge Henry went on: “You, I’m afraid, have exhausted not only the court’s ability but also its desire to try and deal with you in the community as there is no sensible way I can suspend this sentence.

“You must understand that, although the courts have great sympathy for people with ADHD and the problems that can cause people, there are a high number of people with that difficulty who never come to offend.

“Although the courts will try as much as possible to assist people with that disability, one must not regard it as some sort of escape route from the criminal justice system.”