Burglar who killed pensioner whose house he was raiding jailed for 18 years

A burglar who killed a pensioner as he tried to protect his 91-year-old wife has been jailed for 18 years.

Retired plumber John Burke, 86, was assaulted in the home he shared with his wife Peggy during a burglary in east London early on 29 September last year.

He was taken to hospital, and discharged a few hours later, but died at home the next day.

Ashley Malcolm, of Hackney, had headbutted him when he was challenged during the break in.

He admitted burgling Mr Burke's home, along with another burglary, an attempted burglary and possession of cocaine.

He denied murder but pleaded guilty to the lesser offence of manslaughter part-way through his trial.

In a televised sentencing at the Old Bailey on Thursday, Judge Simon Mayo KC said Malcolm broke into the home of "two elderly and vulnerable" people and the burglary took place over a "prolonged period".

"During the course of that burglary you headbutted Mr Burke. That headbutt fractured his nose and caused intercranial bleeding, and he died as a consequence."

Grandson Reece Lambert said he believed his grandfather was attacked as he "protected the woman he loved with everything he had left".

Family's 'immeasurable' loss

Judge Mayo acknowledged the "immeasurable" loss felt by Mr Burke's family, including his widow with whom he had been married for many decades.

He told Malcolm, who has 12 more convictions for burglary and attempted burglary over 20 years: "You're now 40 years of age. You have an extensive record of previous offending, both as a youth and an adult, extending over 25 years."

Handing him a 23-year sentence made up of 18 years in jail and five on extended licence, Mr Mayo said he had "decided to reflect all your offending in the sentence I impose for the manslaughter of John Burke".

Within hours of burgling the elderly couple, Malcolm broke into a care home and attempted to burgle another flat while the occupants were at home.

The court heard that doctors at the nearby Homerton Hospital had failed to spot that he had bleeding on the brain and a broken nose when they discharged him after carrying out tests.

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The following morning, his son Sean found him unconscious on the floor of his bedroom, and further tests at the hospital confirmed he had sustained a "devastating and irreversible" brain injury from which he died, as well as multiple areas of bruising and a broken nose.

A 'quiet, hard-working' man

Sean Burke said his father "did not deserve to die in such a way", describing him as a "quiet, hard-working, easy-going man who never had a bad word for anyone.

"He was the man that showed me that hard work, respect, good manners and a good heart would always pay off."

He said there was "nothing of any value in the house as my parents did not have much but they had each other".

Defence barrister, mitigating, Emin Kandola referred to a statement in which Malcolm wrote: "I'm very sorry about what happened. It was an accident. I'm very sorry to the family."

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