Former military chef receives suspended sentence after strangling waiter at Army Foundation College in Harrogate

Paul Cook, 47, from Harrogate, flew into a rage because the hapless waiter was apparently “standing doing nothing”, York Crown Court heard.

During a blazing row, Cook grabbed the waiter by the throat with both hands and allegedly pushed him back “several feet” into a metal cabinet, said prosecutor Brooke Morrison.

The named victim said the throttling was “enough to make me catch my breath” and he was left with red marks on his throat.

He also alleged that Cook had lifted him off the floor but Cook denied this.

Ms Morrison said that Cook “thought (the victim) should be working” and words were exchanged.

The incident occurred at the Army Foundation College at Uniacke Barracks in Killinghall last year.

Cook, of Eleanor Drive, Harrogate, was arrested and charged with intentional strangulation.

He admitted the offence on the basis that he didn’t lift the named victim off the floor and this was accepted by the prosecution.

The army chef appeared for sentence on Thursday (August 3) with his liberty and career in the balance due to new legislation which presumed in favour of imprisonment in strangulation cases.

Defence barrister Gabrielle Wilks said Cook simply “lost his temper” at a “stressful” time of his life.

Judge Simon Hickey said there were “exceptional” circumstances in Cooks’ case which meant that he could veer away from an immediate prison sentence under the new legislation.

He said it was a “brief” incident caused by a loss of temper and there was “extremely good” mitigation in Cooks’ favour.

Cook was given a 10-month suspended prison sentence with 100 hours of unpaid work and a 13-day rehabilitation programme.

He was ordered to pay £425 costs.