TWO young Worcestershire men who carried out an unprovoked attack on a stranger have had their "unduly lenient" sentences increased.
Alfred Smith, aged 22, of Cales Avenue, Malvern, was jailed for four years on February 28, after being convicted at Worcester Crown Court of wounding with intent to cause grievous bodily harm.
Adrian David Gray, aged 20, also of Cales Avenue, was sentenced to three years in a young offenders institution after he pleaded guilty to the same offence. But judges at London's Criminal Appeal Court have now accepted arguments from lawyers representing the Attorney-General, Lord Williams of Mostyn QC, that the sentences were "unduly lenient".
Mr Justice Tomlinson, sitting with Lord Justice Potter and Mr Justine McCombe, increased Smith's term to six years and Gray's to three years nine months.
The men were part of a group of at least three people who attacked Andrew Hughes outside a Malvern kebab van on the night of July 15 last year.
Mr Hughes, who nearly died as a result of the attack, had been out with friends who left a wine bar to buy food at the van.
Mr Justice Tomlinson said no witness saw the start of the attack, while Mr Hughes has no memory of it. There was some evidence, which raised the possibility of Gray's sister being pushed.
"But this was, we understand, a wholly unprovoked attack," he said.
Mr Hughes was punched to the ground, where he was repeatedly kicked in the head by Gray and Smith.
The judge said Smith delivered 10 to 15 kicks while Gray delivered about ten.
A friend of the unconscious victim lay on top of him trying to protect Mr Hughes, but he too was attacked.
Mr Justice Tomlinson said a bystander, who had learnt first aid in the army, found Mr Hughes had no pulse and discovered he had swallowed his tongue.
He cleared his airways and commenced resuscitation, but Mr Hughes remained unconscious and was admitted to hospital in a coma.
"Sometime after the incident, he was still suffering from constant numbness at the back of his head, and experiencing headaches and panic attacks," the judge said.
"He still has nightmares, he hates being on his own either at work or home and he needs to be with someone all the time."
In ruling the sentences were too lenient, Mr Justice Tomlinson referred to public concerns about vicious unprovoked assaults occurring on the streets.
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