Published Date:
03 July 2009
Corby reporter
A gambling addict who smashed a neighbour over the head with a hammer has had his six-year jail sentence cut.
Debt-ridden David McArthur, 70, battered his 68-year-old neighbour with a hammer after popping round to her house to talk about his debt.
McArthur was sentenced to six years at Northampton Crown Court in April when he admitted wounding with intent to cause grievous bodily harm.
But yesterday, judges at London's Court of Appeal cut his sentence by a year-and-a-half, saying the original sentence was "excessive".
McArthur, of Warminster Close, Corby, hit Patricia Mitchell, whom he had known for more than 30 years, at least three times after an argument about money.
He was a law-abiding man who had lived a blameless life until he retired and developed a crushing gambling problem, the judge said.
McArthur quickly amassed debts running into five figures, including borrowing between £300 and £500 cash from Mrs Mitchell.
On November 12, he went to her house, carrying a hammer and intending to talk about the debt, but instead fell into an argument.
He then hit Mrs Mitchell at least three times over the head with the hammer, injuring her and causing lasting psychological damage.
At the original sentencing in April, the judge found that, although he had taken the hammer with him to the scene of the attack, he was not set on violence.
Yesterday, his lawyers went to the Court of Appeal where they argued the six-year term was too long and convinced the two judges to reduce the sentence to four-and-a-half years.
Judges Mr Justice Jack and Mr Justice Blake ruled the sentence "manifestly excessive" and cut it to four-and-a-half years.
Mr Justice Blake said McArthur's age and previous good character justified a reduction in a sentence which would have been appropriate for a younger offender.
He said: "But for the fact this was a man of 70, of good character, with no hint of violence or any other form of offending, with a good history of neighbourliness until this terrifying incident, the sentence could not possibly be the subject of criticism.
"For those reasons, and only those, recognising the appalling nature of the violence, nevertheless, we think the sentence is manifestly excessive."
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Last Updated:
03 July 2009 8:25 AM
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Source:
n/a
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Location:
Kettering