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Wombwell Man's Jail Term Appeal Thrown Out

Wednesday October 17 2012

A WOMBWELL man who appealed against the length of his jail term has been told that it will not be reduced.

Lee Shane Mann, 23, of Kelvin Grove, was sentenced to six years in March after he admitted causing grievous bodily harm with intent at an incident where he fractured a bouncer's skull.

His lawyers challenged the sentence, arguing it didn't take enough account of the fact he had no previous convictions and was still a young man. 

But his appeal was dismissed by judges, who said his jail term was 'not excessive' given the gravity of his crime.

Judge Peter Rook QC, sitting with Lord Justice Aikens and Mrs Justice Thirlwall, told the court the attack happened during the early hours of Monday, August 29 last year.

The victim, Brett Kelly, was working at the CoCo nightclub, in Barnsley, when he noticed a scuffle break out between Mann and another reveller and went to separate them.

He got Mann in a headlock, but was overpowered and they both fell to the ground - at which point Mann then punched Mr Kelly a number of times.

As the doorman lay on the floor, covering his face with his arms, Mann kicked him before stamping on his head.

The court heard Mr Kelly was left with a fractured skull and traumatic brain injury which has impaired his sense of taste and smell and caused short-term memory loss.

Dismissing the appeal, Judge Rook said there were no grounds for challenging the length of the sentence.

He added: "We have considered the submissions with great care but, notwithstanding the persuasive argument put forward, we must not forget the nature of this attack which was correctly described by the judge as brutal.

"He kicked a man in the head whilst he was on the ground, not defending himself.

"Indeed, in our view, even allowing for the mitigating factors of his previous good character and his youth, the judge was perfectly entitled to select the sentence he did."

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Reply Posted by Not Guilty on Wednesday October 17 2012 at 14:03
I was convicted in 2009 of assault! something I did not do! I also had no previous convictions & was just framed by two woman, one of whom I had dumped for cheating on me, I don't believe in violence but how can someone judge you that don't know your back ground!! a jury should be used in these cases! if this was so I would not have been tagged or had probation, going back to the young man! I think the sentence was too much for a young man of his age, sending him in the army to learn would be a more suitable punishment, less money for the tax payers & less over crowding in prisons!!!

Reply Posted by bevage on Wednesday October 17 2012 at 14:29
sorry you got done for somthing you didnt do but if a man or woman stamps or kicks a person in the head when down, they need a damn sight more then 6 years, people have been killed this way, at 23 im sure he knew what could happen x

Reply Posted by concerned mummy on Wednesday October 17 2012 at 14:38
here here bevage. The delinquent stamped on someone's head. Left him with brain damage then Just expects a slap on the wrists cos He's not done It before. I dont think so. 6 years is getting off lightly for such a malicious attack!!

Reply Posted by Magnet on Wednesday October 17 2012 at 14:53
I fully agree with both of you, 6yrs. is not enough as he will only do 3, if that, 10yrs. would have been about right & even he would only do 5.

Reply Posted by onlookr on Wednesday October 17 2012 at 14:54
well said mummy and bev. this guy should have got more time.or have the same done to him. when a person is on the floor, you dont kick him or stamp on heads. dont forget..doormen are there for everyone. also to protect.

Reply Posted by J on Wednesday October 17 2012 at 15:25
I think, in this case, where it took place in a crowded nightclub where there were plenty of witnesses, then it's perfectly acceptable for the witnesses to take the place of a jury as there is no disputing his guilt. Age should not be held into account, if he is old enough to commit the crime then he should be old enough to face the consequences of his actions! I do believe that our prisons should be much tougher though so that they are actually being punished and I'm not paying for their playstation!
My brother was set upon by a group of thugs who misjudged how strong a 6ft4 skinny guy would be and so they wrestled him to the floor and JUMPED on his head. His friend managed to drag him into a passing taxi and the thugs chased them. Luckily the taxi driver backed up my brother's story as the gang then claimed that my brother and his friend had tried to mug them for the their phone. The guy that was then given a suspended sentence due to his age and drink problem?!?! but not for the attack on my brother but for a previous assault, for which he was on bail. This attack happened as my brother was walking in to town, he had not been drinking, he is not an agressive person and avoids fighting.
Although it sounds horrible what happened to you, it's completely different circumstances. This man has continued to attack someone who was not fighting back. He deserves more in my eyes as he'll be out in 2 years anyway.

Reply Posted by Aunt Hilder on Wednesday October 17 2012 at 18:18
How can he say it was a fist offence, he was fighting when the bouncer stepped in to break things up. Very sad that a young man got into this situation in the first place but he deserves what he got.

Reply Posted by ryan on Thursday October 18 2012 at 14:08
He should have got longer or at least do the full 6 years. It was my brother who was attacked. How can he claim that it was self defence when my brother was laid on the floor unconscious when the monster decided to kick Brett in the head and then stamp on him, causing a fractured skull and brain damage. He's still not right and probably won't ever get back to how he was before. Lee knew what he was doing and he deserves what he got. I could have lost my brother that night if he had delivered another blow or carried on in his rage, has lee ever stopped to think about that. My brother was doing his job at the end of the day and did not deserve what happened to him.

Reply Posted by jaydee on Friday October 19 2012 at 11:00
I used to work the doors round town, and unfortunately, it's because of animals like Lee, that doorman are required to due the job.
People claim 6yrs is too much, why?
Brett was there to protect the drinkers, get rid of underage drinkers, and aid people that needed it, not get his head caved in.
If the situation had been the other way round, there would have been a public outcry, and Brett would have more than likely be looking at 10 - 15yrs.

Age is not a factor, no doubts Lees parents taught him right from wrong, ergo he should have known better, being "pissed-up", is not a viable defence at all.

Increase his sentence I say, after all, he gave Brett a life sentence through his actions :-/

Reply Posted by michelle on Saturday October 20 2012 at 13:22
I totally agree with his sentence he is so lucky he is not looking at life for what he as done kicking and stamping on his head could of killed the man for doing the job he is payed .

Reply Posted by Dave on Saturday October 20 2012 at 14:37
@Lee - as other have said bouncers are there to stop fights and restore the peace, the guy in question clearly was only doing his job and paid a hefty price for it as his life will never be the same again. 6 years is not long enough. My opinion.

ipso Regulated