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Thursday, 31 July 2014

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Barrow man threatened to kill brother in row over late mother’s will

A 60-YEAR-OLD man who threatened to kill his brother over cash left to them in their mother’s will have to shell out more than £5,000 in court costs.

Sentencing David Lavender yesterday Judge Heather Lloyd told him: “It is said it is the love of money which is the root of all evil.

“Your concern over money was the root of the evil which was the root of your crime that day.”

Preston Crown Court heard how Lavender, of Cartmel Crescent, Barrow, denied a charge of affray and had been due to face a trial.

His plea to using threatening behaviour on July 18 last year was accepted by the prosecution, so he avoided a trial.

Mr David Potter, prosecuting, said there had been a fall out between the defendant and his brother Martin.

He explained that they had lost their mother in February 2013 and Martin Lavender was the executor of her estate.

The prosecutor said that around early summertime, the defendant was expecting a £9,000 cash windfall from her will.

He was eventually given a cheque, signed by his brother, payble to him for a lesser amount. Upset about it he travelled to Marsh Farm Caravan Park, Askam, with his partner.

The court was told that the Lavender became angry and told his brother “I hate you.

“I am going to kill you.”

A neighbour then went over and effectively put him in a bear hug, telling him to calm down, which he did.

The defendant had no previous convictions.

Mr Brian Williams, defending, said the legacy was still in the process of being sorted out and that the brothers had had a fractious relationship for many years.

He added: “The consequences for him of this inappropriate and appalling behaviour have been significant.

“He has been dragged before the crown court.

“He will think twice before behaving in this way again.

“He has paid over £5,000 in legal aid contributions.

“It has cost him dearly.”

Lavender was given a a 12-month conditional discharge.

Judge Lloyd told him: “Whatever the argument between you and your siblings about the legacy, it is very unseemly to be arguing in public over a relatively small amount of money when you have had to shell out a large amount of money to defend yourself in the crown court.

“I’m sure you have learned your lesson.”

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