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No jail for thug who blinded dad
Reporter: by DAWN MARSDEN
Date online: 22 July 2009
AN 18-year-old thug has avoided jail for his part in an attack which left a Failsworth father blind in one eye.
David Barry, who later had to have his right eye removed, was assaulted in Oldham Road at 10.15pm on Friday, April 20, 2007.
The married father-of-one was knocked to the ground and subjected to a violent assault by Zachery Applegate and a number of other youths.
Mr Barry was taken to the Royal Oldham Hospital with serious facial injuries and despite doctors battling to save his sight, he had to have the eye removed.
Applegate, of Crayford Road, Philips Park, Manchester, admitted assault causing actual bodily harm at an earlier hearing and was yesterday given a 12-month community punishment order by Minshull Street Crown Court and sentenced to 150 hours’ unpaid work.
Det Sgt Jason Byrne, from Oldham CID, said: “David was an innocent man who was subjected to a horrendous and terrifying assault.
“His injuries were appalling but they could have been even worse, such was the ferocity of the attack. David’s life will never be the same again.”
In a victim-impact statement, Mr Barry said: “Before the incident I was a very happy-go-lucky kind of person. I was confident in anything I did. I enjoyed family life, having a wife and son and we would regularly enjoy going out together.
“Since being assaulted I have a totally different outlook on life. I am now part disabled, which has had a massive impact on my confidence.
“I no longer go out of an evening. When I am out of the house I am fearful of groups of people. Whenever I visit local shops and there is a group of young lads and girls standing in the doorway, I don’t have the confidence to walk past them.
“I no longer enjoy activities I used to take for granted with my family.
“The assault has also had a massive impact on my employment (as an extruder operator). I have had to take a retest to use a forklift truck. I failed the test and became upset about this. Before the test I was feeling positive. On failing it, it hit home and I realised that my life would never be the same again.”
Comments
what a disgusting sentance. The scum that carried out that attack should have got 10 years at least. i just hope that the same thing happens to him later in his miserable worthless life.
I'll save my intense outrage at this ludicrous sentence, just to say that surely this is a prime case that the CPS must appeal as being too lenient.
Absolutely diabolical - I'm beginning to think that the public should be able to vote on sentencing - then they WOULD do the TIME!!!! Mr. Barry you have my utmost sympathy. I agree with Road Rocket entirely.
Another shameful decision by an out-of-touch legal system. Once again we have 'gone soft' on trash regardless of the harm inflicted.
I wonder if this sentence would have been as light had it been a judge or some member of authority blinded by this scum, it's about time the sentence fitted the outrage felt by ordinary law abiding members of the public!
i can not believe what this so called great country of ours is turning into, whoever the judge was sentancing these louts he should serve the sentance too, then that might make him realise what a waste of time and taxpayers money he is.Poor old mr.Barry now is life is shattered and my heart goes out to him and his family,hopefully one day it all might just catch up on these type of people.
time to bring in "judge dredd" to sort these type of people out once & for all, and also to kick out this pathetic new labour party and the rest of the muppets in parliament and whitehall.
Yet again the only winner here is the lawyers and the criminal, a sick system that promotes benefiting from crime, yep the cps a joke, how it never finds against its masters the goverment
To Mr.Barry.The scum who did this to you will get what is coming to them one of these days,but in the meantime i want you to know that there are a lot of decent people out here who are wishing you all the best for the future.We know it wont be easy for you to regain your confidence ,but if you dont then the thugs will have won.
I cannot believe that this person did not get sent to jail. This is appalling. At the same time, my husband had an accident and is blind in his right eye. Its had a massive impact on our lives. This was not as a result of an assault. When I read the report in the paper at the time, I cried because I knew what we were going through and couldn't imagine how horrific it must be for you. I hope the life gets better for you David.
re-lindas comment
the thugs have already won
Have Your Say
This is unbelievable!!! 12 months community punishment order and 150 hours of unpaid work!!! What an embarrassingly pathetic sentence for a serious crime. The judiciary should be ashamed of themselves. Should this poor man suffer financial hardships in the future and find himself unable to pay his council tax, just watch the mighty arm of the law drag him off to Strangeways!!! Time to build more prisons and clean up the streets.
By mikejh45 @ 22/07/2009 13:03:43