Potential lifelong sentence quashed

4:47pm Thursday 7th August 2008

A TEENAGER put behind bars after he slashed an older man's throat during a violent row has had his potentially lifelong sentence quashed on appeal.

Timothy Andrew Bendall, 18, of Mason Road, Kidderminster, cut a six-inch wound into the neck of 23-year-old Richard Hogg in August last year.

They were on their way home from a football match at Bewdley Leisure Centre, when Bendall took exception to some of Mr Hogg’s remarks. The row descended into violence later at Bendall's home.

Bendall admitted wounding with intent at Worcester Crown Court and was sentenced to indefinite detention for public protection (DPP) in December, 2007.

Almost identical to a life term, the DPP sentence meant Bendall would have no hope of being freed until he could convince the Parole Board it was safe to do so.

However, Mr Justice Andrew Smith, sitting with Lord Justice Toulson and Judge John Rogers QC at the Court of Appeal today, said Bendall should not have been classified as a danger to the public.

The court overturned the DPP sentence and replaced it with a three-year detention term. Once his sentence expires, Bendall will spend three additional years on licence, subject to recall to prison if he puts another foot wrong.

Bendall's legal team told the court he had no previous convictions and did not deserve the open-ended DPP sentence.

Mr Justice Smith said: "It is right to emphasise at the outset that, despite a difficult and unstable childhood, Bendall had not been in the criminal courts before this matter.

"Since he has been in custody, his behaviour has been good and he has made impressive progress."

The judge did add that Bendall had shown the “early stages of a mental illness” and that he would have to be assessed by a psychiatrist as he got older.

Allowing the appeal, the judge concluded that the three-year extended licence period would adequately protect the public and the indefinite DPP sentence had been “inappropriate”.

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