Thug who smashed pint glass into man's face gets bad news from appeal judge

A drunken thug who severed a man's left temple artery and said he was "f***ing getting it" has had an appeal against his sentence denied. Stephen Blackmore glassed his victim Harry Crawford, severing the artery and cutting his ear, face and hand during the “cowardly and cruel attack” on May 29 last year.

Blackmore, 54, was sentenced to six years and nine months in prison after being found guilty of causing grievous bodily harm at a trial. However he appeared before the Court of Appeal on July 19 this year to appeal against the conviction.

Blackmore, formerly of Hunts Cross Avenue in Woolton, maintained his defence, previously rejected by a jury, that Mr Crawford had attacked him first and his subsequent actions were in self-defence. In a written judgement, Mrs Justice Cutts determined the sentence was “just and proportionate for this unprovoked and serious assault”.

Liverpool Crown Court previously heard how Mr Crawford was eating a meal with his family at the home of his brother Matty when the attack happened. Blackmore, who lived next door, was heard “shouting loudly and aggressively”. Mr Crawford went outside and asked Blackmore to keep the noise down.

However, the noise continued causing Mr Crawford again to go outside and ask Blackmore to be quiet. Blackmore was said to place his forehead on Mr Crawford’s head in an aggressive fashion before, without warning, smashing the glass into the left side of his face and head.

Mr Crawford was rushed to hospital with his injuries and Blackmore was arrested at the scene. He was still issuing threats against Mr Crawford as he was arrested, saying he was “f***ing getting it”.

In a victim statement, Mr Crawford said: "I have had endless days and sleepless nights of what went from a lovely family meal together to a traumatic event for myself and my family. The flashbacks I have had of the attack, seeing the copious amount of blood over my clothes and on the floor have been numerous."

Blackmore, who had 10 previous convictions for 12 offences including affray, harassment and threatening and abusive behaviour, told the author of a pre-sentence report that he had downed a bottle of Prosecco and a quarter bottle of rum in an hour.

He added prior to the incident he had shouted at a passer-by for looking inappropriately at his daughter who was sunbathing, leading him to feel aggrieved at being told by Mr Crawford to be quiet. However, he maintained his defence that the victim was the aggressor.

The pre-sentence report observed he demonstrated “little victim empathy and expressed no remorse”. The report’s author added he had a pattern of violent offending behaviour when under the impact of alcohol.

In his sentencing remarks, the Recorder of Liverpool Andrew Menary KC described the offence as "cowardly and cruel". He specifically rejected Blackmore's account that he had been knocked to the ground by Mr Crawford, observing that there was no evidence of it.

Liverpool’s top judge found aggravating factors in the appellant's previous convictions, although he observed that they were nothing like as serious as the instant offence, and in the fact that the offence had been committed whilst the appellant was under the influence of alcohol.

The recorder took Blackmore's mitigation into account, including the loss of his son many years ago, and the impact of his incarceration on his family. He expressed concern about him posing a risk to the public.

Blackmore’s barrister conceded a significant period of imprisonment was merited. However, he said the sentence was excessive for three reasons - that the recorder selected too high a starting point in the guideline; that he gave undue weight to aggravating factors; and he incorrectly categorised the level of harm.

Mrs Justice Cutts, who heard the appeal alongside Lady Justice Andrews and Her Honour Judge Munro KC, said: “This was a serious offence of its kind. Mr Crawford was seriously hurt in an unprovoked attack with a glass when he did no more than reasonably ask the appellant to keep the noise down.

“It is clear that, no doubt affected by the substantial amount of alcohol he had drunk in a short time, and for no good reason, the appellant felt aggrieved by that request. In hitting Mr Crawford forcefully with the glass, the appellant caused substantial injury, with ongoing consequences in the paralysis and numbness of his face and his migraine headaches.

“Mr Crawford and his family also suffered severe psychological harm. It is no exaggeration to say that in the months following the incident his whole life and ability to socialise have changed.”

The judge said: “The recorder then correctly identified the aggravating factors of the appellant's previous convictions with offences of violence and public disorder (always when in drink), and his intoxication at the time of the instant offence, as well as the very limited mitigation.

“Taken together, these in our judgement justified the uplift of nine months' imprisonment. We would add that we consider the appellant fortunate not to have been found dangerous in all the circumstances. We cannot accept that the resulting sentence of six years and nine months' imprisonment was manifestly excessive. It was just and proportionate for this unprovoked and serious assault. It follows that this appeal is dismissed.”