Man jailed for 32 months after failed revenge attack

The judge handed Daniel Burgess a 32-month jail sentence for an â??unlawful and dangerous actâ?.

The judge handed Daniel Burgess a 32-month jail sentence for an â??unlawful and dangerous actâ?.

A 39-year-old man has killed his neighbour by blocking his flue with a potato and expanding foam, leading to carbon monoxide poisoning.

Daniel Burgess, from Cornwall, had been aiming to seek revenge on his neighbour, Michael Horner, who he believed had been stealing his pre-paid gas cards, and preventing him from heating his home.

On Christmas Day 2015, Mr Burgess blocked the inflow and outflow pipes of Mr Hornerâ??s house, along with gluing a door lock, following an argument. He had intended to disrupt his neighbourâ??s heating so to cause the same disturbance he believed was being placed on him, however, the result was far more severe.

Due to a fault in Mr Hornerâ??s boiler, the automatic fail safe system did not work, resulting in his death. Mr Burgess pleaded guilty to manslaughter at Exeter Crown Court and was consequently sentenced to a 32-month sentence on February 6.

During the trial, Judge Geoffrey Mercer QC, said: “You accept your unlawful and dangerous act in interfering with the flue of Mr Horner’s boiler in the way you did caused his death.

â??You went to considerable lengths and you knew what you were doing. Of crucial importance is that you had no intention of doing any physical harm. Your plan was simply to stop his boiler from working and make him cold. I accept your remorse is genuine and your culpability is at the lower end.”