Jailed Man Losed Appeal Over Attack
Thursday, 25th March 2004.
A man behind bars for attacking a motorist whose windscreen had been smashed with a bottle has failed to get his conviction quashed.
john Golding, 33, of Withersfield Road, Haverhill, was jailed for three years and 10 months at Bury St Edmunds Crown Court last June, after being found guilty of wounding with intent.
London's Criminal Appeal Court last week dismissed his conviction challenge, rejecting claims it was "unsafe".
Mr Justice Hunt, sitting with Lord Justie Rose and Mr Justice Crane, refused to accept an argument that the trial judge had misdirected the jury on the issue of intoxication.
"What he said was a succinct statement of law," the appeal judge said, adding that "succinctness" was not an arguable ground of appeal.
On February 27, last year, Shane Baker was driving along Wethersfield Road, when - without warning - a bottle was thrown at his windscreen, which smashed.
He got out of his car and approached Golding and his friend, believing Golding had thrown the bottle.
"He (Baker) was attacked and sustained various injuries," the judge said.
"The prosecution case was that Golding threw the bottle at the car and, when approached by Mr Baker, he attacked him."
The Crown relied on witnesses at the scene and on others who testified as to Golding's intoxication at the time of the incident.
The defence put forward was a straight denial of being the attacker.
Mr Justice Hunt noted the jurors were not told Golding was so drunk he could not form the necessary intent to attack Mr Baker, they were told he was not the assailant.
Golding denied throwing the bottle, saying his friend did it. He said Mr Baker knocked him (Golding) unconscious and he therefore had no opportunity to assault him.
The appeal judge said the issue for the jurors was whether they were sure Golding wounded Mr Baker and if so, whether he intended to do so.
john Golding, 33, of Withersfield Road, Haverhill, was jailed for three years and 10 months at Bury St Edmunds Crown Court last June, after being found guilty of wounding with intent.
London's Criminal Appeal Court last week dismissed his conviction challenge, rejecting claims it was "unsafe".
Mr Justice Hunt, sitting with Lord Justie Rose and Mr Justice Crane, refused to accept an argument that the trial judge had misdirected the jury on the issue of intoxication.
"What he said was a succinct statement of law," the appeal judge said, adding that "succinctness" was not an arguable ground of appeal.
On February 27, last year, Shane Baker was driving along Wethersfield Road, when - without warning - a bottle was thrown at his windscreen, which smashed.
He got out of his car and approached Golding and his friend, believing Golding had thrown the bottle.
"He (Baker) was attacked and sustained various injuries," the judge said.
"The prosecution case was that Golding threw the bottle at the car and, when approached by Mr Baker, he attacked him."
The Crown relied on witnesses at the scene and on others who testified as to Golding's intoxication at the time of the incident.
The defence put forward was a straight denial of being the attacker.
Mr Justice Hunt noted the jurors were not told Golding was so drunk he could not form the necessary intent to attack Mr Baker, they were told he was not the assailant.
Golding denied throwing the bottle, saying his friend did it. He said Mr Baker knocked him (Golding) unconscious and he therefore had no opportunity to assault him.
The appeal judge said the issue for the jurors was whether they were sure Golding wounded Mr Baker and if so, whether he intended to do so.
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