A MAN who admits a serious intentional attack on his elderly mother must wait to receive his punishment after a judge heard he had “refused” to attend court for a sentencing hearing.
Sean Van Diepenbrock, now aged 59, was charged after a number of incidents in Appleby on January 10, 2022.
During a previous hearing at Carlisle Crown Crown Court, Van Diepenbrock, latterly of the town’s Doomgate, initially pleaded guilty to damaging the window of a family’s home in Appleby on that date.
During a subsequent appearance in front of a judge, in January this year, he admitted causing grievous bodily harm to his mother — aged in her 80s — with intent to do so.
Van Diepenbrock’s barrister, Judith McCullough, told the court at the hearing that a formal explanation had been submitted for the tendering of that guilty plea.
This included the basis that mental health issues — and the submission Van Diepenbrock was suffering from a psychotic episode at the time — had contributed to his violence.
An impact statement was requested from the victim, who had suffered multiple injuries and was detained in hospital for treatment. Ms McCullough had said: “I understand she wishes to be in contact with her son.”
Remanded in custody, Van Diepenbrock was due to have been sentenced in February but that hearing was adjourned.
It was re-listed for Friday when he was due to have received his punishment from Judge Richard Archer.
But there was another postponement after Judge Archer heard further submissions from Ms McCullough.
“I believe Mr Van Diepenbrock has refused to get on the (prison) bus,” she said. “I’ve spoken to the (crown court) cells (staff). They have no further information.”
Attempts were being made to contact the prison.
Van Diepenbrock made several previous requests to attend his sentencing hearing over a video link from custody, and these had found favour with court judges.
However, Judge Archer had latterly expressed the opinion, in light of the serious nature of the case, that the defendant should attend court in person. That view might not have been communicated properly to Van Diepenbrock, the court heard.
And Ms McCullough said of his non-attendance: “I suspect it is confusion than wilful refusal.”
The case was adjourned and Van Diepenbrock is now due to be sentenced at the crown court next month.
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