Attacker's appeal successful
Reporter: Richard Hooton
Date published: 14 July 2017
A MAN asleep in bed was attacked by intruders wielding a chisel leaving him with serious leg injuries, a court heard yesterday.
Victim Jason Bell was in bed with his partner in Oldham when the horrific incident took place.
Court proceedings against two of the men were dropped but their companion Lee Cudworth pleaded guilty to inflicting grievous bodily harm.
In February, 33-year-old Cudworth, of Springhead Avenue, Oldham, was jailed for four years with an extended licence of 12 months as a dangerous offender.
But yesterday he successful appealed against the length of the sentence and it was reduced to three years.
Three Court of Appeal judges, sitting in Liverpool, heard that Cudworth and his two companions knocked at the door of the victim's home at 6am on October 21 last year and then finding it was unlocked they all walked in.
They all walked upstairs and Cudworth attacked the victim, who put his arms and legs up to defend himself, as blows were inflicted with the weapon. One of the other men took it off Cudworth and warned Mr Bell if he called the police his home would be fire bombed.
The victim has been left scarred by two gaping deep lacerations to his leg and forearm and three other lacerations to his lower leg, which all needed stitches.
Cudworth, who has committed 22 previous offences, pleaded guilty on the basis that the chisel had been under the mattress of the victim and that was not challenged by the prosecution.
However it was felt that an extended sentence was not appropriate in the circumstances and his appeal was allowed and the sentence reduced.
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