Man jailed for unlawful wounding after vital evidence lost

Michael Bennison, 29, was convicted of unlawful wounding after DNA evidence from a knife was misplaced by forensic teams.

This meant prosecutors were forced to accept the altered charge but at the time said they had “fully expected” the evidence to be available.

Newcastle Crown Court was told that on December 14 last year Bennison was travelling in a car in York with the female victim and another man.

Nick Adlington, prosecuting, said he had been in an on-off volatile relationship with the woman and an argument broke out in the car.

When they arrived at their destination they got out and the woman produced a knife.

But Bennison took the knife from her and stabbed her six times, once in the side and five times in the back.

He then ran off down an 
alleyway and went into hiding 
before he was found two days later.

Describing how the evidence came to be lost by North Yorkshire Police, Mr Adlington said: “The swabs went missing from the forensic science service in York. I have been told there has been a full internal review.”

Jailing Bennison for a total of four years, Mr Justice Ramsey said he posed a high risk to all women due to his history of violence against partners and former partners.

“Originally you faced a charge of attempted murder but because vital evidence had been lost a plea to section 20 was accepted,” he said.

“You pose a high risk of harm to the victim and to all women. There is clearly a significant risk to female members of the public.

“There was an intention to commit serious harm.”

The sentence also included a guilty plea for assaulting a man outside a flat in November last year after they got into an argument over noise.

After falling to the floor, the victim was kicked in the head by Bennison before he jumped with both feet onto his back.

The court heard that he had 14 previous appearances at court for 27 offences, that included battery and affray.

John Gregg, defending, said Bennison had “wrestled with his own demons”, which included drug abuse, but that he has made progress in prison.