Bat thug fails in bid to get prison sentence slashed

The 17-year-old, from Dudley, who cannot be named for legal reasons, was given a detention and training order at Wolverhampton Crown Court on June 19 this year.

He was convicted of causing grievous bodily harm following a trial but acquitted of attempted murder and causing grievous bodily harm with intent. Two others were cleared of all charges.

Mr Trevor Siddle, representing the teenager, told London's Court of Appeal that his client's conviction was 'unsafe' because the judge had misdirected the jury.

But Lady Justice Sharp said the argument was 'unconvincing' and the judge's direction an 'eminently fair' one.

The court was told the victim, Tariq Mahmood, aged 37, had suffered injuries including skull fractures in several places and brain haemorrhages in the attack.

He needed surgery to remove a large part of his skull and lost the sight in one eye.

Mr Mahmood now has problems with his memory, is unable to work and requires round-the-clock care, the appeal court was told.

He also has weakness to the right side of his body and suffered permanent disfigurement.

The teenager, who is 6ft 2ins tall and weighed 16 stone at the time of the attack, said he had 'no recollection' of hitting Mr Mahmood with the bat and said it must have been an accident.

Mr Mahmood was attacked outside his home in Dudley after going to the assistance of his 19-year-old stepson Ajmal Choudhary, who was fighting with several people who had arrived at the address.

Lady Justice Sharp, who was sitting with Mr Justice Phillips and Judge Anthony Morris QC, said the genesis of the dispute was 'petty' - an exchange of some offensive messages on Instagram about people coming from a certain area.

She said: "We are satisfied the conviction is safe."

Mr Siddle also argued the sentence given to the teenager was too severe because of a lack of pre-meditation, his client's age and previous good character.

But the judge described it as a 'shocking incident with the direst of consequences for Mr Mahmood and his family.'

Lady Justice Sharp concluded: "We are not persuaded there is any merit in this renewed application, which is refused."