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Punch death jail terms increased Punch death jail terms increased
(about 8 hours later)
Tougher sentences should be passed on those convicted of "crimes which result in death", a top judge has said as two Welshmen had their sentences increased.Tougher sentences should be passed on those convicted of "crimes which result in death", a top judge has said as two Welshmen had their sentences increased.
Thomas Bryan, of Rhuddlan, Denbighshire, was originally jailed for three years for killing Jonathan Bennett, 40, in Rhyl in February.Thomas Bryan, of Rhuddlan, Denbighshire, was originally jailed for three years for killing Jonathan Bennett, 40, in Rhyl in February.
Peter Roberts, of Llanddulas, Conwy, was jailed for 18 months.Peter Roberts, of Llanddulas, Conwy, was jailed for 18 months.
Lord Chief Justice, Lord Judge, said Bryan must serve five years and Roberts, now freed, three-and-a-half.Lord Chief Justice, Lord Judge, said Bryan must serve five years and Roberts, now freed, three-and-a-half.
Sitting at the Court of Appeal with four senior colleagues, Lord Judge said the men's sentences were "unduly lenient".Sitting at the Court of Appeal with four senior colleagues, Lord Judge said the men's sentences were "unduly lenient".
Mr Bennett, a poet and author, died in hospital two weeks after being left unconscious on the street outside a bar.Mr Bennett, a poet and author, died in hospital two weeks after being left unconscious on the street outside a bar.
Bryan's trial in June this year at Caernarfon Crown Court heard the roofer and former boxer delivered two "ferocious blows" when he attacked Mr Bennett from behind after both men were ejected from the bar. Bryan had admitted manslaughter.Bryan's trial in June this year at Caernarfon Crown Court heard the roofer and former boxer delivered two "ferocious blows" when he attacked Mr Bennett from behind after both men were ejected from the bar. Bryan had admitted manslaughter.
[Violence] gives the city and town centres over to the kind of drunken yobbery with which we have become familiar, and a worried perception among decent citizens that it is not safe to walk the streets at night Lord Chief Justice, Lord Judge[Violence] gives the city and town centres over to the kind of drunken yobbery with which we have become familiar, and a worried perception among decent citizens that it is not safe to walk the streets at night Lord Chief Justice, Lord Judge
Roberts, a stonemason, was convicted of manslaughter after the jury accepted he did not punch Mr Bennett but heard he pointed him out to his friend, and cleared a path for Bryan to attack him.Roberts, a stonemason, was convicted of manslaughter after the jury accepted he did not punch Mr Bennett but heard he pointed him out to his friend, and cleared a path for Bryan to attack him.
Roberts will have to hand himself in to police to resume the remainder of his sentence.Roberts will have to hand himself in to police to resume the remainder of his sentence.
Mr Bennett's mother Angela Witherspoon said she was relieved and delighted by the decision.
Mrs Witherspoon and her husband Eric said that on hearing the judge's original decision at Caernarfon Crown Court in July they left the court disgusted at the short sentences.
"Even the three years which Bryan received seemed ridiculous for taking Jonathan's life," she said.
"We're glad that Roberts is also receiving a longer sentence even though he has been released because the CCTV evidence showed that the attack would not have happened if he had not pointed Jon out to Bryan, cleared the way for him and then patted him on the back."
Attorney General, Baroness Scotland said the manslaughter sentences had been raised to act as a deterent
Lawyers for the Attorney General, Baroness Scotland QC, called for the sentences to be increased.Lawyers for the Attorney General, Baroness Scotland QC, called for the sentences to be increased.
Trial judges are expected to use the case as a guide their sentencing decisions in future similar cases.Trial judges are expected to use the case as a guide their sentencing decisions in future similar cases.
Lord Judge said greater weight should be given to the loss of a human life.Lord Judge said greater weight should be given to the loss of a human life.
Such violence, he said, "gives the city and town centres over to the kind of drunken yobbery with which we have become familiar, and a worried perception among decent citizens that it is not safe to walk the streets at night".Such violence, he said, "gives the city and town centres over to the kind of drunken yobbery with which we have become familiar, and a worried perception among decent citizens that it is not safe to walk the streets at night".
It was argued the sentencing judge had not correctly assessed the culpability of the men and seriousness of the offence and had granted too great a reduction to Bryan for pleading guilty.It was argued the sentencing judge had not correctly assessed the culpability of the men and seriousness of the offence and had granted too great a reduction to Bryan for pleading guilty.
Lawyers for the defendants said Roberts had earlier acted as a "peacemaker," and both had been of good character and shown genuine remorse.Lawyers for the defendants said Roberts had earlier acted as a "peacemaker," and both had been of good character and shown genuine remorse.
Lord Judge, who considered the case with Lord Justice Thomas, Lord Justice Hughes, Mr Justice Simon and Mr Justice Royce, said the sentences were too low.Lord Judge, who considered the case with Lord Justice Thomas, Lord Justice Hughes, Mr Justice Simon and Mr Justice Royce, said the sentences were too low.
The judge said that whilst courts have to "honour" jury verdicts - and distinguish between cases of murder and manslaughter when passing sentence - he ruled that "crimes which result in death should be treated more seriously" by judges in future.The judge said that whilst courts have to "honour" jury verdicts - and distinguish between cases of murder and manslaughter when passing sentence - he ruled that "crimes which result in death should be treated more seriously" by judges in future.
Although no two cases were ever the same, Lord Judge said that, in cases of attempted murder, where long-term physical or psychological harm is caused to the victim, sentences should range between 15 and 30 years.Although no two cases were ever the same, Lord Judge said that, in cases of attempted murder, where long-term physical or psychological harm is caused to the victim, sentences should range between 15 and 30 years.
The Attorney General, Baroness Scotland QC described the ruling as a "landmark" judgement.
She added: I'm grateful that the Court of Appeal has been able to give us greater guidance as to how to deal with these particularly delicate cases which cause such pain."
"I also welcome the sentence increases."