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1 month ago
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A crack cocaine user who battered his girlfriend with a TV during a bedroom row has walked free after she begged the judge to spare him prison. David Berney, 53, of no fixed abode, was handed an 18 month community order at Croydon Crown Court on Monday (March 11) following a 'very eloquent' victim impact statement by Anne Moncado, his lover for 15 years.
The court heard Berney attended Ms Moncado's flat in Anerley on June 18, 2024 after smoking 20 rocks of crack. During an argument about what TV show to watch, Ms Moncado, who is wheelchair bound, sensed he might get violent, and tried to hide in the bathroom. But Berney lashed out, knocking the TV off its perch on an armchair then grabbing it to use as a weapon.
The prosecution said Ms Moncado was struck at least twice while her back was on the ground, leaving her 'drenched in blood' with two wounds to her scalp. A neighbour who responded to the racket, walked in to find Berney hitting her with the tele and disarmed him when he threatened to cut his own wrists with a knife. Berney then managed to flee, but was arrested outside by police.
Berney initially claimed the TV fell on Ms Moncado when it was knocked from the chair, but was candid about his drug use. Under police questioning, Berney said: "I know I should not be doing this. I should not be doing this anymore. It's not physically killing me, it's mentally killing me." Berney already had previous for drug related low-level violence and threatening behaviour.
On Monday (March 10), Ms Moncado told the court she did not want Berney to go to prison, but would prefer he was given the help needed to combat his drug addiction. "He's a kind, smart, gentle, and funny man when he's not on drugs," she said, adding: "It wasn't him who hit me with the TV, it was the drugs... When he's on drugs, he's not the person I know, the lovely guy. I definitely want him to be free."
Howard Giles, a retired Met Police officer and friend of Berney and Ms Moncado, also attested to Berney's usual character and told the judge he thought drug treatment would be a preferable course of action. "I have always found him a gentle giant. Someone who has done an excellent job of caring for Anne and taking her around for 11 years," he added.
Defence counsel David Burgess said it had been 'a painful time' for Berney after staying out of trouble for around six years, and he had used nine months on remand to reflect on his actions. "He is extremely remorseful. He is extremely fond of her. As fond of her as she clearly is of him. When he's not addicted, he's a perfectly loving, normal, thoughtful man," added the barrister.
'Highly unusual course' taken by judge
Mr Recorder Neil Haythorne said he would take a 'highly unusual course' by forgoing a prison sentence in favour of a community order, to best address Berney's rehabilitative needs. The probation service said a drug rehabilitation requirement was preferable, but could not be issued as Berney is without an address. Instead Recorder Haythorne issued 40 days of rehabilitation activity requirement.
"I think you have been appropriately punished. I am going to depart from the usual approach, so I'm going to impose a community order," said the judge. Turning to Ms Moncado, he added: "It's not always people feel able to come to court. I am very grateful you have come today. I found it helpful."
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