Thug pair's sentences are cut
Two teenagers who carried out a savage and sustained attack on a businessman in Lincoln have had their custodial sentences cut.
Stuart Robert Kisby (18) and Darren Wheeler (19) left their victim with horrific injuries after repeatedly kicking and stamping on him.
The pair had taken drugs during an all-day drinking session prior to the incident.
Victim Stephen Swallow was walking through Lincoln city centre after a day spent playing golf and a meal with friends.
He was struck on the head from behind before the pair set on him and eventually left him lying on the ground soaked in his own blood.
Judges at the Criminal Appeal Court in London said they did not want to slash the men's youth custody but were legally bound to do so.
Mrs Justice Rafferty said that, because of the "explicit assurance" the Lincoln Crown Court judge had given the pair that they would be given credit for guilty pleas, their appeals had to be allowed.
She concluded: "That all three members of this court would have taken a very different view is sadly not the point. This court is constrained to remain loyal to the judge's indication."
After the hearing, Mr Swallow told the Echo: "My wife and I were left speechless. We feel it was a victory for criminal thugs"
Mr Swallow was in London yesterday to hear the Judges' ruling. He shook his head in disbelief when he heard that his attackers will be released earlier than originally planned.
After the hearing he told the Echo: "My wife and I were left speechless. We feel it was a victory for criminal thugs."
For the full story see Thursday's Lincolnshire Echo.
34 Comments
View all
by J.Smith, Lincoln
Friday, May 22 2009, 3:03PM
“Im gald it has been cut it was far to long they had been given. surely a fine would have been more appropriate.”
by M C Donald, Lincoln
Friday, May 22 2009, 1:14PM
“John, Dunholme. There is nothing wrong with the jury system; it has served us well for eight hundred years. Nor is there a problem with the weight of proof required to convict. The problem is with how judge¿s powers to sentence are curtailed.
I would not like to see someone sent down for 25-year because it was probable they committed an offence.
Think of it this way, would you be happy that you are fined and get 3 points on your licence because you probably broke the speed limit.”
by Js, Lincoln
Friday, May 22 2009, 12:45PM
“So you are looking towards a version of the Northern Ireland courts John, Dunholme? Part of living in a civilised society is for the Jury to be made up of the public.
John, firstly most countries in the EU have signed up to and go along with the EU law despite what you might read in your morning paper.
Prison do have facilities but pay Lincoln a visit to get some idea of what they are like, again nothing like what your sensationalist morning paper says. Grim victorian cells, often in with a violent cell mate. You get time out for meals and maybe an hour or so a day to have leisure. The rest of the time you remain in your cell. I for one would not enjoy being in the same room for up to 22 hours a day with a dangerous offender and little to do for any more than a week. Get out there and learn for yourself what actually happens rather than spouting nonsense you have gleaned and regurgitated from the media.”
by jaspers, Lincs
Friday, May 22 2009, 12:00PM
“Why I should feel a sense of overwhelming shame and despair I don't know. This is par for the course and only to be expected these days, the victim and their families are always come a poor second when it comes to violence and crime.
Jackie Smith keeps trying to promote the idea that it is all in our minds ( ie the perception of crime ) she hasn't got a clue and is so out of touch it beggars belief (far too busy working out her claims, or paying her husband to do it for her). In fact this government and the last has systematically got us into this mess and we keep voting them in.
Nothing will change in this country until we have a fair system of proportional representation that will ensure that our views are properly represented in parliment. Voting for the big two will never bring this about.
I wish Mr Swallow all the best and sincerely hope he recovers from his ordeal intact.”
by John, Dunholme
Friday, May 22 2009, 11:23AM
“If you look back to a time when people could hang for murder the courts frequently went for a lesser charge to ensure a conviction rather than letting them go free if the evidence was not totally convincing, so this is nothing new.
A possible way to solve this problem is to remove the jury and the need for proof beyond reasonable doubt. Then have three judges looking for the balance of probability. This way more people would be convicted of serious crimes on weaker evidence.”