Stabbing appeal bid thrown out

Crime story
Crime story

A WIGAN man who stabbed his victim 14 times with a knife in an “explosive, frenzied and potentially lethal attack” has had a bid to get his jail term cut thrown out.

Dangerous Raymond David Gardner was caged for 10 and a half years at Liverpool Crown Court on December 3 last year.

The hearing was told victim Kerys Heaton was walking home at about 11pm in Kingsley Avenue, Goose Green, on September 28 2013.

He met a friend and they chatted and had a beer on the pavement, Judge Nicholas Cooke QC told London’s Criminal Court of Appeal yesterday.

They noticed a young man acting strangely, who turned out to be Gardner’s 14-year-old brother.

Mr Heaton challenged him which led to an altercation in which the boy was punched before riding off on his bicycle, said the judge.

Shortly afterwards, Gardner arrived in Kingsley Avenue riding his brother’s bicyle and asked Mr Heaton and two other men if they had assaulted his brother.

After a “scuffle” he produced an 11ins knife from his back pocket and attacked Mr Heaton, leaving him with 14 injuries, the most serious a deep thigh wound.

Judge Cooke said the “terrifying attack” was witnessed by Mr Heaton’s parents and neighbours.

Gardner, 42, of Haddon Road, Goose Green, pleaded guilty to wounding with intent to cause grievous bodily harm.

He was dubbed a dangerous offender and, on top of his jail term, was handed a four-year extended licence period to be served after his release.

Philip Clemo, for Gardner, yesterday argued he was wrongly categorised as a danger to society.

He said there was no doubt that Gardner’s “younger brother who labours with severe mental difficulties had been assaulted” prior to the knife attack.

Mr Clemo said the use of the knife was “out of character” and “there just simply isn’t a pattern of offending” by Gardner.

The court heard he had been convicted of assault in 1993 when he was 17 and possession of a bladed article in 1998.

Gardner also committed public order offences in 2011 and 2012.

Judge Cooke ruled that the judge who jailed Gardner was “fully entitled to consider him dangerous.”

He said Gardner’s reaction to the assault on his brother “was massively disproportionate.

“What he had done was to arm himself with a lethal weapon and use it in an explosive, frenzied and potentially lethal attack,” said the judge.

Judge Cooke, who was sitting with Lord Justice Davis and Mr Justice Spencer, dismissed the appeal.