A GIANT of a man, weighing 23st and six feet five inches tall, who used a baseball bat to attack a terrified householder with whom his nephew had argued, has failed to get a cut in his four-year jail term.
Paul O'Farrell, 33, of Spendmore Lane, Coppull, Chorley, was found guilty in November last year at Preston Crown Court of burglary with intent to cause grievous bodily harm and assault occasioning actual bodily harm. His 24-year-old nephew, Thomas O'Farrell, who was convicted of burglary and assault occasioning actual bodily harm, was jailed for 12 months.
London's Criminal Appeal Court today refused to cut the uncle's jail term, dismissing arguments that there was an unfair disparity between the two sentences.
Mr Justice Wright, sitting with Lord Justice Longmore and Judge Michael Hyam QC, said it would be a "travesty of justice" to reduce the uncle's term because his nephew was somewhat fortunate in getting 12 months.
About a week before the baseball attack, the victim, Dean Heyworth, argued with a woman. He was later confronted at his front door by the woman, the nephew and a number of other people.
The group was seeking an apology for his having supposedly sworn at the woman. After some shouting, the situation calmed down and they left.
A week later, on July 11, 2000, Mr Heyworth saw the nephew in the street and spoke to him about the earlier incident. "He was reproving in his attitude, describing the previous incident as something that was totally out of order," the judge said. He made it clear he did not want it repeated.
Mr Justice Wright said the sentencing judge made a very clear distinction between the roles of the two men. He noted how terrifying it must have been for the victim to be confronted in his own flat by a man who was six feet five inches and weighed 23 stone -- armed with a weapon.
By JAMIE DIFFLEY:
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