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A judge has jailed a violent thug for nine years and then immediately urged prosecution lawyers to appeal it as too lenient.
Louis Shepherd, 37, of Elvington, had been convicted earlier this year of causing grievous harm with intent after a horror attack in Dover that left a man needing three operations.
However, Appeal Court judges quashed the decision and ordered a retrial after he had been sent to prison for nine years by a Crown Court recorder.
Now a new jury has again convicted Shepherd, of Ash Grove, of the same charge and he faced a fresh sentence but because of strict guidelines Heather Norton, Canterbury’s senior resident judge, was prevented from increasing the original sentence which had been passed in April.
The judge said she believes Shepherd still poses a danger to the public and should have received a sentence in excess of 12 years.
"I have never before requested a review of my own sentence” - Judge Heather Norton after being forced to pass a lenient sentence
Judge Norton said: “I have been extremely concerned about two aspects of this case: one is that the sentence of nine years, passed by the learned Recorder, was significantly less than I would have expected for this type of offence.
“The assault resulted in severe injuries to the victim who needed treatment which necessitated the removal of his face.”
She said the starting point for sentence should have begun at 12 years, before taking into consideration his previous convictions, including five offences for violence.
The judge added that the level of risk Shepherd poses to the public should have also been considered prior to sentence –but there was no evidence that had been done.
“I am constrained to pass a nine-year sentence even though I have serious concerns about that..and although its unusual, maybe the prosecuting authorities should review this sentence. I have never before requested a review of my own sentence.”
The jury had heard how in July 2014, the victim Nicholas Galvin was with his partner in the Roman Key pub in Dover.
Shepherd, who has a previous grievous bodily harm conviction in 2009, was outside with friends and were joined by Mr Galvin, who then began to move away.
It was then that the thug, who was holding a glass in his hand, punched the victim and as Mr Galvin fell to the ground, Shepherd kicked him about the body.
He was then heard to shout: “Have you had enough?” He left his victim with a fractured cheekbone and bleeding from his eye.
The judge was told that Mr Galvin later needed three operations to repair his face.
But Shepherd pleaded not guilty, claiming he feared he was going to be attacked and had acted in self-defence. But twice a jury rejected his account.
The court heard how he had an inability to control his temper and had drink and drug problems and had been diagnosed with a personality disorder.