A man has won an appeal against a sentence imposed on him after a judge and magistrates deemed the original sentence excessive.
Adil Abdul Nabi Nagraoui, 39, from Blackburn, was given an 18-week suspended sentence and a consecutive four-week suspended sentence for offences of assault by beating and failing to surrender to court bail last year.
Nagraoui, of Whalley New Road, was also fined for committing a further offence during the operational period of a suspended sentence.
He appealed the failing to surrender to bail offence, saying he attended an appointment at an acupuncturist in London recommended by a friend on the day of his trial.
While calling his excuse "convoluted and strange" and believing he had deliberately missed his court date, Judge Heather Lloyd conceded the sentence may have been too harsh.
Nagraoui said this appointment was to help with pain he suffered in his back having previously been tortured – something he now also suffered mental health difficulties from.
Sam Magee, mitigating for Nagraoui, said the appointment had not been booked in advance and his friend who had suffered similar injuries instead took him there.
Mr Magee said Nagraoui did not know at the time he was due for trial.
Judge Heather Lloyd said Magraoui had a history of failing to attend court hearings.
She said: “We have heard a rather convoluted tale about why he failed to attend.
"We are satisfied this was a deliberate failure to attend.
“Bearing in mind the history of this case, we do not believe he didn’t know he should attend.
"Furthermore, we find it very strange he would find an appointment in London for a bad back he then had to travel to.
“We are of the view this was a deliberate decision not to attend rather than inadvertent.
"Looking at the guidelines, we consider the sentence imposed may now seem to be excessive.”
Nagraoui was given a 12-month conditional discharge in substitution for the four-week sentence originally imposed for the bail act offence.
Should he commit no further offences in the next 12 months, he will not be re-sentenced for this matter.
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