Simon Birch killing: Adam Jenkins jailed for Newbottle manslaughter

A man who killed his sister's violent boyfriend at the end of a Christmas Day party has been jailed for eight years.

Simon Birch, 39, was fatally wounded in the neck at the home of Adam Jenkins in Newbottle, Sunderland, at about 23:20 GMT on 25 December 2021.

Jenkins, 36, was cleared of murder but found guilty of manslaughter by a Newcastle Crown Court jury.

Mr Birch's family said he was beating his "demons" and his devastating death had "stolen the joy of Christmas".

Jurors were told Mr Birch had been in a relationship with Jenkins' sister Emma for two-and-a-half years and there had been multiple incidents of domestic abuse and violence.

The couple were invited to Jenkins' home to celebrate Christmas with the rest of the family, but at the end of the party Mr Birch launched a violent attack on his girlfriend.

Jenkins had told jurors he believed Mr Birch had killed his sister after multiple punches left her unconscious and bleeding on the living room floor.

He said he had got locked in the kitchen while Mr Birch was pushed outside, but he could still hear shouting and screaming which made him fear for the rest of his family.

Jenkins, who ran a successful bricklaying agency, said he could not remember picking up three knives from the kitchen but assumed he would have done so to arm himself, Ms Jenkins and his partner Natalie Shaw against further attacks from Mr Birch.

He also said he could not remember inflicting the fatal wound in the driveway but did recall trying to perform CPR on Mr Birch.

Prosecutor Francis FitzGibbon KC said the "large family gathering" had been a "very happy occasion" with "people enjoying themselves", although there appeared to have been an "undercurrent of unpleasantness" and "tension" between Mr Birch and Ms Jenkins during the day.

He said a number of people drank a lot of alcohol during the day including Mr Birch, who was found after his death to be more than three times the drink drive legal limit which rendered him "vulnerable".

In statements read to court, Mr Birch's two teenage daughters said they had been devastated by his death.

They said while a lot of the focus in the trial had been on his "negative" parts, including his drug abuse and violence, there was much more to him than that.

They said he was "loving and generous" and would do anything to help anybody, adding he made his family feel "loved and protected".

Mr Birch's mother, Jennifer, said he had "brought love and laughter" into the family and had a passion for motorbikes, football and music.

She said life was "never dull" when he was around and he had the "strength to beat his demons".

Mrs Birch said her son's killing had "stolen some of the joy" of Christmas.

Jeremy Dein KC, representing Jenkins, read parts of a letter written to the court in which the killer said he was "truly and utterly sorry".

He said his client left school at 16 and "worked tirelessly" to build a successful bricklaying agency employing dozens of people and apprentices, adding he was a "man who gave to society in so many different ways".

He said "regrettably" Mr Birch had played a "pivotal part" in the "tragic situation" as he had "launched an unprovoked and violent attack on the Jenkins family that evening".

In a letter sent to the judge, Emma Jenkins talked of her "ongoing love" and "fear" of her partner, adding she thought he might have killed her that night.

Mr Dein said Ms Jenkins was "overcome with guilt" about bringing Mr Birch into a "hard-working, decent and honest family" and "feels strongly she is responsible" for her brother's incarceration.

The Honourable Mrs Justice Alison Foster said Mr Birch was a "young vigorous man" who "had much of his life before him".

The judge said Mr Birch was "very much loved and dreadfully missed" with the date of his death adding "extra poignancy".

She said she was "sure" Jenkins did not intend to seriously harm or kill Mr Birch and had "genuine horror and surprise" that he died.

The judge said Jenkins was a "peaceable man" of "excellent character" who tended to avoid confrontation but on Christmas night wanted to get Mr Birch away from his family "knowing what he was capable of".

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