Man, 39, 'threatened to kill his mother and told her to choose which of his brothers he should kill in row over his grandmother's will'

A man who told his mother to choose which of his brothers he should kill after a dispute over his grandmother's will has been sentenced.

Benn Merryweather, 39, also threatened to kill his mother in voicemail messages left the day before appearing outside his half-brother's work with a knife.

St Albans Crown court heard the Merryweather, from Hemel Hempstead had also left threatening voicemails to his half-brother through the night of February 2, before showing up outside his place of work the next morning.

The man avoided a further prison sentence after serving 21 weeks in custody while awaiting sentence for two counts of making threats to kill and one count of possessing a knife.

He claimed that he was suffering from grief and has since shown signs of remorse.

Prosecuting, Robin Mirric said: 'His half- had received several voicemails where he threatened to stab him and later voicemails to his mother threatening to kill her.'

Benn Merryweather has served 21 weeks after admitting two counts of threatening to kill and one count of possession of a knife at St Albans Crown Court after threatening his family

The messages to his mother included explicit rants, as well as threats to shoot one of his half-brothers.

Mr Mirric added: 'She said she was fearful for both her sons in the circumstances.

'He said he was to kill one of them and she should decide which one.'

As he appeared outside his half-brother's workplace, police were called and found Merryweather under the influence and 'refused to follow police direction'.

The prosecutor added that as they searched his bag they found a 9cm blade.

As the police investigated, they also received a complaint from the taxi driver who drove Merryweather that morning, saying that he had also felt threatened.

In mitigation, defence solicitor Samantha Ball said that Merryweather struggled with anxiety and depression, and this was not just a 'fit of jealousy over a contested will'.

She added that Merryweather claims he was abused by both his parents, and was brought up by his grandparents.

The court heard that Merryweather left threatening voicemails for his mother and then left messages for his half brother before turning up at his work and also made threats (file photo)

Ms Ball also said: 'He experienced a great deal of abuse from his parents including his mother when he was a child. He has gone on to develop anxiety and depression, and has issues with alcohol.'

Ms Ball added that the offence happened at a time when he was suffering from grief from the recent passing of his grandmother.

Merryweather had been in police custody since February, and served around 21 weeks where he had made progress dealing with his issues, and had expressed his remorse.

He was described as 'incredibly motivated to make changes to his life'.

Merryweather pleaded guilty to two threats to kill, possessing a bladed article in a public place and a public order offence.

The judge decided against sending Merryweather back to prison, deeming that the 21 weeks he had served - which is equal to a nine-month sentence, as most people only serve half their sentence in prison - had been long enough.

HHJ Lithman QC said there would be no 'positive or constructive consequence' of imposing a further custodial sentence.

However, he told the defendant he should consider himself lucky that he was not returning to the cells.

Merryweather was given a 24-month community order, which includes unpaid work and mandatory rehabilitation days.

The judge said: 'If you think you are getting away lightly, well you are. But if you get into trouble, particularly in the 24 months, your luck will run out.'

HHJ Lithman said that any similar offences would inevitably lead to a longer sentence.

He added: 'The next time you go and get drunk and you let your frustration out about your family the consequences will be dire.

'Stay out of trouble.'