David Brand, Porthleven pleads guilty to affray

David Brand, who lived in Porthleven at the time of the offence but now lives in London, admitted a charge of affray when he appeared at Truro Crown Court this morning.

The prosecution told the court that the relationship between Brand and the mother of his child, had been “acrimonious” since they had split up in 2008.

He said there was a dispute over the former family home in Porthleven. That dispute led to various court orders made in 2021 and one in the early part of last year (2022).

The first was a “non-molestation order” made in March 2021 which prohibited him threatening violence against his former partner by intimidating, harassing or pestering her which was due to expire in March of this year.

Secondly there was an order that Brand moved out of the property in Porthleven “forthwith” to allow the property to be sold, made in March of last year.

But Brand had not complied with it and at the end of July last year the court made a further order that he would be put in prison for contempt unless he left the property by 4pm on August 2.

On that day at around 4pm, the former couple’s son went to the house to check on the defendant’s dogs and for a locksmith to come and change the locks.

He was with his girlfriend and his two male friends and when they arrived the property was empty, said the prosecution.

They went upstairs to the son’s bedroom and listened to music but, at about five to eight in the evening, the son received a call from his mother, warning him that his father had been spotted in Porthleven buying dog food.

The son became anxious because he knew his father would be coming to the house despite the court order stopping him.

He and his friends bolted the front door and barred the back door with a coffee table to try and prevent Brand from getting in.

Five or ten minutes later, Brand arrived in his van and tried to get in through the front door but couldn’t because it was bolted and in the meantime the son telephoned 999.

“Brand went round to the back garden [the son] heard him say ‘Whoever is in my house I’m going to stab’ and ‘Who the F***’* done this to my dogs?’ because the dogs were in the garden,” the prosecution barrister told the court.

“The defendant forced his way in past the barricade [the son] saw the defendant come to the bottom of the stairs. Coming up, and in his anger, the defendant pulled the banister off the wall.

“As soon as he reached [his son] he punched him in the face which either caused [the son] to fall backwards or throw himself backwards. That broke another banister and a scrap between the two of them in which Brand flailed punches at [his son’s] chest.”

He was able to kick Brand’s head away but that just angered him further and he grabbed [his son] by the hair and continued to punch him to the face and head.

"The defendant then threatened to kill him," said the prosecution.

“[the son] was so worried he asked someone to bring him a hammer, that seems to have brought an end to the violence between them.”

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He said the assault did not result in any serious injury and the group left the house. The prosecution said as they did so Brand made a “clear threat” against his former partner which was something along the lines of: “Your mum is going to be dead in two weeks”.

His mum had also phoned 999 and come to the house herself. By this time the police had already arrested Brand who continued to use foul language and shout abuse from the back of a police van such as “I’m going to kill you”.

Brand’s defence barrister said Brand and his son had a scuffle and the son had a slight cut to the back of his head. He said Brand was very upset but didn’t admit using the threats just foul language which was aimed at the group standing in the area.

Mr Recorder R Mawhinney adjourned sentencing until May 18, warning Brand all options for sentencing were open to him.