Man Successfully Appeals Prison Sentence After CPS Error

A man jailed for six months for possession of a bladed article in a public place has had his sentence reduced on appeal.

Nicholas James Hornby, 33, of St David's Road in Old Colwyn, had been jailed by Llandudno Magistrates' Court after admitting the offence back in October 2017.

Barrister Elen Owen, representing Hornby, said that it was accepted that an error had been made and that the Magistrates had been informed that he had a similar previous conviction which meant he faced a six month minimum sentence.

She said it was believed that the prosecutor had made an error and read the wrong set of previous convictions.

Michael Whitty, for the Crown, said there had been a disturbance in Old Colwyn. Hornby was located in Ellis Avenue in Llysfaen and he was carrying a glass bottle, which contained a liquid he claimed to be battery acid.

Hornby was aggressive and told officers not to continue to approach him or he would thrown the contents of the bottle. He did not throw the contents of the bottle and was arrested when back up arrived. When Hornby was searched the police found a tin open in his possession, which had a blade as part of its design.

Ms Owen said that it was a small item, part of a knife and fork set, which Hornby had used in work but accepted that he had no lawful use for it that night. The knife had not been produced by her client and therefore a community band penalty would have been suitable for the offence.

HHJ Rhys Rowlands, sitting with Justices at Mold Crown Court, granted the appeal and reduced Hornby's sentence from six months to four months.

Judge Rowlands expressed concern that the appeal had taken so long and that Magistrates had been misled about the nature of Hornby's previous convictions.