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A father who viciously attacked his neighbour in revenge for killing his dog with a Samurai sword has been jailed for five years.
Matthew Oram left Adam Ashurst with a fractured eye socket after shoving him to the ground and repeatedly punching and kicking him.
He struck on July 15 last year, four months after Mr Ashurst virtually cut in two the 10-year-old English bull terrier called Dave.
He struck it with one blow with the ornamental sword following its escape on March 15 from the owner’s home in Gillingham.
Mr Ashurst told Maidstone Crown Court he heard screams and yelps and found the dog in his living room attacking his toy poodle.
He grabbed the Japanese katana from his bedroom and struck out at Dave.
Mr Ashurst was arrested but not charged over the dog’s death. The Oram family then became “very upset and very resentful”.
Oram, 46, harassed his neighbour before resorting to violence in the street. He told police he was angry and frustrated by the decision not to prosecute Mr Ashurst and went to give him “a slap”.
He denied causing grievous bodily harm with intent and harassment, but was convicted by a jury.
The painter and decorator claimed he had not kicked and stamped on he victim’s head.
But he had previously hurled stones at Mr Ashurst's bedroom window, made threats, sprayed water into his home, smashed a window with a brick and cut a telecommunications cable.
Mr Ashurst, who lived with his mother and 85-year-old grandmother in Castlemaine Avenue, installed CCTV cameras to film the area.
Judge Philip St John-Stevens agreed there was “a degree of provocation”.
"I am quite sure now with mature reflection you do regret and have remorse, not only for your actions and your position, but more importantly and more significantly, towards your victim..." - Judge Philip St John-Stevens
But he told Oram on Monday that although he accepted he felt aggrieved about his dog's death, he had subjected Mr Ashurst to a “frightening and premeditated” assault.
"Your actions and reactions over that period of time cannot be condoned, but it must be placed in the context of your mental health at the time, the anxiety and history of depression," he said.
"That is not excusing it but perhaps explaining why you acted and reacted in the way you did.
"I am quite sure now with mature reflection you do regret and have remorse, not only for your actions and your position, but more importantly and more significantly, towards your victim.
"You appreciate the seriousness of causing an injury with such intent. It must be a term of custody."
Nearly eight months spent on a tagged curfew will count towards the sentence.
Oram's daughter Jade, 20, was cleared of inflicting grievous bodily harm to Mr Ashurst and harassment.
The court heard father-of-two Oram and his wife Vicky had given Dave a home in 2012. They already owned another bull terrier called Lola. Oram said they all treated Dave like a baby.
He attacked Mr Ashurst in Oak Avenue late at night. Mr Ashurst said his assailant looked like “a man on a mission”.
"He was just coming straight towards me,” he said. “As soon as he got to me he pushed me with two hands on my chest to the floor.
"I landed on my butt. He started coming towards me, followed by Jade, and I just went into the foetal position and covered myself as best I could.
"I just felt kicks to the face, head, stomps on my back..." - Adam Ashurst
“I couldn't see, apart from shoes coming towards me. I just felt kicks to the face, head, stomps on my back. I was just screaming for assistance. It felt like it was not going to stop."
Oram wept as he told of the effect on his family of Dave’s death:
"There was just devastation and silence - just blown away that this happened,” he said. “Everyone was upset. I was numb."
James Ross, defending, said Oram had let his emotions get the better of him.
"This wasn't a random attack by a vicious thug,” he said. “This was someone who was suffering from depression and grieving at the loss of his dog."
The Ashurst family has since moved.