Two drug addicts have been jailed for beating the living daylights out of a man in a revenge attack after he tried to steal a Kinder Surprise egg from the vagina of one of those jailed.
Right, bear with, because there's a fair amount to unpack here - no pun intended.
38-year-old Jodine Harvey and 40-year-old Steven Brown imprisoned Vincent Rutter for 36 hours in his own flat whilst they subjected him to a terrifying and violent ordeal that left him with 17 fractured ribs, a punctured lung, and a lacerated spleen.
56-year-old Mr Rutter had been taking heroin for 24 hours with the pair at the property in St Austell, Cornwall last December. Eventually, they all fell asleep, but Harvey awoke to find Mr Rutter, who was desperately trying to get another fix, attempting to extract a Kinder Surprise egg containing a load of heroin, from her vagina.
What followed was a beating during which he was severely punched and kicked by the pair before they all seemingly put aside their differences and continued to take drugs together. Eventually it became clear how badly injured Rutter actually was.
Steven Brown pleaded guilty to causing grievous bodily harm with intent and was sentenced to three years in prison. Harvey pleaded guilty to causing grievous bodily harm and was sentenced to 16 months at Truro Crown Court.
However, because of the time that Harvey had spent on remand, the judge agreed that she should be released immediately, much to the disappointment of Mr Rutter's family.
During the trial, Judge Simon Carr said: "At the time all of you were heavily addicted to Class A drugs. Mr Rutter had a flat while neither of you had secure accommodation.
"During those days you all took an extraordinary amount of drugs. It may seem what I say criticises Mr Rutter but that is not my intention, it simply goes to show the levels to which one sinks when in addiction.
"You'd all gone to sleep having taken drugs for over 24 hours. You two were asleep on the chairs when Mr Rutter came in and tried to remove a Kinder egg of drugs you, Miss Harvey, had in your vagina.
"It was not a sexual act, just one of someone desperate to get their next fix.
He continued: "Miss Harvey you woke up to find a man with his fingers in your vagina and in the pitch black didn't know it was Mr Rutter.
"Mr Brown you woke up and attacked the man and Mr Rutter was then the victim of a sustained beating for which there can be no excusing.
"All three of you then put this matter to one side and continued to take drugs and socialise with Mr Rutter having no idea how badly he was injured. It was a wholly unjustified, sustained and brutal attack."
The prosecuting barrister Joss Ticehurst pointed to the pair's extensive criminal past and said: "He was attacked in the living area, towards the hall and in the bathroom. He had his phone taken from him and was prevented from leaving.
"It was a sustained attack in various rooms over a period of time. Mr Rutter eventually made it out of the flat when the defendants were asleep."
Harvey's lawyer argued during the trial that she had never intended to cause such harm to Rutter, whereas Brown's lawyer, Ed Bailey, said: "What sparked it off was Mr Rutter trying to extract drugs from Miss Harvey's groin. Hearing her screams Mr Brown reacted in a way he considers completely inappropriate now he is sober.
"Mr Brown maintains Mr Rutter had some pre-existing injuries. He returned on the Friday from getting his methadone script wincing and wheezing with a cut on his lip.
"Had he been aware of the extent of Mr Rutter's injuries he would have done something about it. He has been working in prison and achieved a number of NVQ qualifications."
Both lawyers said that their clients bad done significant work to beat their addiction problems.
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