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Blackburn nightclub attack brothers freed
6:00pm Thursday 29th July 2010
TWO brothers jailed for their involvement in a nightclub attack with a baton have today been freed from their jail terms by top judges.
London's Criminal Appeal Court heard 19-year-old Anton Ashley Christopher Shepherd hit a man with the baton after his brother, 21-year-old Sebastian Lee Shepherd, took it to the Liquid and Envy nightclub, in Blackburn town centre.
At Preston Crown Court on July 1 this year, Anton was jailed for 12 months after admitting unlawful wounding and Sebastian received a six-month term after he pleaded guilty to possessing an offensive weapon.
But the appeal judges freed them when they ruled the 'unusual' facts of the case meant the brothers, of Selous Road, Blackburn, should have been handed community sentences.
Lord Justice Laws, sitting with Mr Justice Treacy and Judge Andrew Gilbart QC, told the court the attack took place at the nightclub on June 1 last year.
The court heard Anton was punched to the floor and hit with a bottle by a man in the club and rang his brother to ask for a lift home.
Sebastian went to the club, taking an extendible baton with him, which Anton then used to hit the man who had punched him, causing a cut to the back of his head.
Lord Justice Laws said the complainant later taunted Anton on social networking site, Facebook, admitting that he had punched him.
The judge said the court had received a number of 'glowing testimonials' to both brothers and Sebastian had no previous convictions, while Anton had a previous reprimand and a caution - both for assault.
Lawyers acting for the brothers argued they should not have been locked up, saying the Crown Court judge didn't take enough account of their youth, personal circumstances and the lack of serious injury to the victim.
They also told the court both men had jobs to go to on release.
Allowing the appeal, Lord Justice Laws said he regarded it as an 'unusual case' and was prepared to take an 'exceptional course' by handing both men community sentences.
Anton was given a nine-month sentence, suspended for two years, with 100 hours unpaid work, and Sebastian was given a community order with 12 months supervision.
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Your Say YourLancashire
Stone Island, Blackburn says...
7:26pm Thu 29 Jul 10
.
Why does he not deserve to go to jail?
How many more times will he assault/wound someone, before someone realises that he SHOULD be in jail?
.
Maybe the next time he hits someone, they may fall and bang their head, and die.
Maybe then his jail sentence will be justified.
thevoiceofeducatedreason, anywhere but says...
11:26pm Thu 29 Jul 10
burty basset, accrington says...
12:35am Fri 30 Jul 10
icannotrace, says...
5:31am Fri 30 Jul 10
Stone Island wrote:With names like Anton and Sebastian it wouldn't surprise me if the parents couldn't afford a top QC hence the community sentences
Anton Shepherd was jailed for 12 months after admitting unlawful wounding. He had a previous reprimand and caution-both for assault.
.
Why does he not deserve to go to jail?
How many more times will he assault/wound someone, before someone realises that he SHOULD be in jail?
.
Maybe the next time he hits someone, they may fall and bang their head, and die.
Maybe then his jail sentence will be justified.
L,m, blackburn says...
3:42pm Fri 30 Jul 10
suzi007, says...
7:36pm Fri 30 Jul 10
L,m wrote:Well said
it makes me laugh that you can all put comments. not knowing any of this case ..... have you stopped to think that the high court judge did take his time over his ruling. think about it this doesn't happen very often does it, there was a lot of factors in this case not just what was wrote in this artical. i just hope that none of your friends or family ever end up being wrote about on this web page,because there are people sat at home judging other people with out knowing all the facts.
icannotrace, says...
9:52pm Fri 30 Jul 10
L,m wrote:That's the beauty of a democracy.
it makes me laugh that you can all put comments. not knowing any of this case ..... have you stopped to think that the high court judge did take his time over his ruling. think about it this doesn't happen very often does it, there was a lot of factors in this case not just what was wrote in this artical. i just hope that none of your friends or family ever end up being wrote about on this web page,because there are people sat at home judging other people with out knowing all the facts.
.
As I stated before though I assume this family aren't short of a bob or two.
.
Do you deny that?
Chris P Bacon, Colne says...
8:23am Sat 31 Jul 10
icannotrace wrote:What you assume is meaningless. To 'assume' is an attempt to make an '****' out of 'u' and 'me'. Do yourself a favour and don't do it.
L,m wrote:That's the beauty of a democracy.
it makes me laugh that you can all put comments. not knowing any of this case ..... have you stopped to think that the high court judge did take his time over his ruling. think about it this doesn't happen very often does it, there was a lot of factors in this case not just what was wrote in this artical. i just hope that none of your friends or family ever end up being wrote about on this web page,because there are people sat at home judging other people with out knowing all the facts.
.
As I stated before though I assume this family aren't short of a bob or two.
.
Do you deny that?
Chris P Bacon, Colne says...
8:59am Sat 31 Jul 10
Chris P Bacon, Colne says...
9:00am Sat 31 Jul 10
happycyclist, Darwen says...
12:01pm Sat 31 Jul 10
The man who punched Anton to the floor and hit him with a bottle -why is he not named? Was he jailed? If not, why not? That seems to be the initial assault that provoked a reaction from the brothers.
From what information we've been given in the article, I'd say the judge has probably got this one right.
woolywords, Blackburn says...
2:31pm Sat 31 Jul 10
I could go out, as near drunk as I am, hit somone, or if I remember how, to kill someone, using my Army skills.
with my exposure to war zones, my gimp leg, from slaalom skiing..I pose a sorry sight to the bench...
Would you kindly email me, those sad sacks you have, near you, that need a kiss..
woolywords@yahoo.ca
HU, Blackburn says...
1:16pm Mon 2 Aug 10
just like the one punch Death story, am sure the guy who punched him did not think it would kill him.. but it did?
were as this guy was repeatedly hitting him TRYING to obviously hurt him
but then again i dont know ALL THE FACTS.
maybe he wasnt punching and was scratching him
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ste.g, blackburn says...
6:29pm Thu 29 Jul 10