A “dangerous” thug who launched an unprovoked attack on his next-door neighbour – threatening him with a pizza cutter – has had his sentence reduced by top judges on appeal.
Mark Oldfield, 47, of Levens Bank, Leeds, was handed an eight-year extended sentence at the city’s crown court in May 2009, after admitting assault occasioning actual bodily harm.
But that has now been reduced to a five-year extended term – three years in custody and two years on licence in the community – at London’s Criminal Appeal Court.
Top judges said the original sentence was “unlawful”.
The court heard Oldfield knocked on the door of his neighbour, Martin Trigg, and said: “Do you think I’m a div?” before subjecting him to a vicious assault in April 2009.
Oldfield entered Mr Trigg’s flat and kicked his knees, knocking him to the ground, before kicking and punching him to the head and body.
He then picked up a pizza cutter and held it to the terrified victim’s neck, repeatedly calling him a “div” as he did so.
The court heard Mr Trigg suffered a number of bruises and had pain in his neck and problems with his jaw locking after the attack.
Oldfield’s lawyers challenged his sentence, saying that the crown court judge was wrong to impose a term beyond the five-year maximum for the offence.
They also argued he should not have been given the extended sentence and said that the three-year custodial period was “excessive”.
Lord Justice Stanley Burnton, sitting with Mr Justice Spencer and Judge Andrew Gilbart QC, said the original sentence was “unlawful” and must be reduced to a five-year extended term.
However, he said it was “not surprising” the crown court judge found Oldfield was “dangerous”, given he had previous convictions for offences including manslaughter.