Affray man loses appeal
Date published: 07 April 2014
An Oldham man jailed for his part in an violent clash between rival gardeners in a quiet residential street has failed in an Appeal Court bid for freedom.
Andrew Pollitt (43) of Park View, Chadderton, already had 127 previous offences when he was involved in the brawl in Poulton, near Blackpool.
He admitted affray and was given a three-year extended sentence at Preston Crown Court in January - two years’ jail and 12 months on extended licence.
On Friday he argued the extended-licence part of his sentence was wrong. Three senior judges disagreed. Under release rules, a cut in his sentence would have made Pollitt eligible for immediate release.
But Mr Justice Cooke said: “The incident was extremely violent. It is difficult to imagine a more serious case of affray.”
A feud involving gardeners Keith and Paul Smith and Pollitt’s nephew, Wayne Langley, erupted over a previous affair between Langley and Paul Smith’s partner.
Last April, the Smiths were working in Poulton. Pollitt and Langley were also in the area.
Spotting the Smiths, Pollitt jumped from a van and began smashing windows in their vehicle with a hammer. Violence left both Smiths with serious injuries.
Langley was jailed for two years for his part in the affray, while Pollitt’s extended sentence came on the basis that he hadn’t inflicted any of the wounds.
His lawyers argued the extended sentence was too tough.
Have Your Say