Harrogate businessman who went "berserk" and broke into woman's home and terrorised her is spared jail

The “utterly terrified” victim, who had been woken by her dog barking at the front door, was then horror-struck as 38-year-old James Benson went into the kitchen and started “rummaging around”, ostensibly looking for a blade, York Crown Court heard.

“When she asked him what he was doing, he said ‘I’m going to get a knife and that dog’,” said prosecutor Brooke Morrison.

The woman, who was named in court, ran into the street and came across her neighbour, Benson’s sister, who said she too was scared, prosecutor Brooke Morrison told the court.

Benson then emerged from the victim’s home clutching not a knife but a glass bottle, which he used to strike the woman’s car “repeatedly”.

“His behaviour was described as berserk,” said Ms Morrison.

“(Benson) was momentarily distracted and (the victim) had the opportunity to run back inside the property and call police.”

Officers arrived at the scene to arrest Benson.

He told them he “would have killed someone”.

An officer who was at the scene in Nidderdale Way said Benson was “clearly” mentally disturbed at the time and was saying “worrying things”.

Benson, a father who ran his own business, was taken into custody where he was acting “erratically” in a holding cell.

When an officer tried to get him to sit down, he refused and resisted.

When the officer tried again to get him to sit down, Benson kicked him in the groin area.

Benson, of Chatsworth Grove, Harrogate, was ultimately charged with affray and assaulting a police officer.

He admitted the offences and appeared for sentence via link today after being remanded in custody.

Ms Morrison said the victim was alone in her home at the time of the incident in the early hours of May 30.

“(The victim) was sleeping in her home…when she was woken by her dog barking at the front door,” she added.

“Moments later, (the victim) heard the front door open and ran downstairs when she saw the defendant in her lounge.

“When she asked him what he was doing, he said ‘I’m going to get a knife and that dog’.”

She said the victim was terrified and struggled to sleep afterwards.

Benson had five previous convictions for six offences including affray, but they occurred about 20 years ago.

Defence barrister Nick Cartmell said Benson was on medication for mental-health problems at the time of the incident in Harrogate which had been exacerbated by “dabbling” in drink and drugs.

He added that Benson, who had been taking cannabis, “was not in his right mind” at the time of the incident which he described as a “moment of madness.”

A doctor’s report concluded that Benson was having a psychotic episode at the time of the incident.

Judge Sean Morris said: “This was the most terrifying experience for this poor woman.”

He told Benson: “I can’t think of anything worse than suddenly being woken in your home by somebody behaving in the way you did.

“Something went badly wrong: you had been having mental problems. Your partner said you had been deteriorating over the days before this incident, including not sleeping at night.

“What’s quite clear is that you were drinking, as well taking cannabis, while you were on medication.

“You had been out of trouble for 20 years and set up your own business.

"You had just become a father (but) something was not (mentally) right with you that night and you behaved in a bizarre fashion.”

However, the judge said he had noted character references which “speak ordinarily of a thoroughly decent individual, and these are respectable people who know you well and say that they are shocked at this behaviour which is so out of character”.

“You are described as clever, bright, loving and caring,” added Mr Morris.

“(But) your victim wouldn’t have known that.”

He said that because Benson had been remanded in prison since his arrest in May, “you have had punishment and I think that the chances of you doing this again are vanishingly small”.

He said that because of this, as well as Benson’s remorse and the fact he was mentally ill at the time of the offences, he could suspend the inevitable jail sentence.

Benson was given a 16-month suspended prison sentence with a 35-day rehabilitation programme.

He was also made subject to a 10-year restraining order which prohibits him going within 100 yards of the victim’s home.