Killer fails to reduce seven-year jail term

Killer fails to reduce seven-year jail term

21 January 2015

A NEWCASTLE man has failed in a bid to get a three-and-a-half year jail sentence for the manslaughter of his cousin, reduced by the Court of Appeal.

On Monday the Court rejected claims that the sentence imposed on John Stanley Foster for the manslaughter of David Mills was manifestly excessive.

Although lawyers for the 32-year-old argued that he had acted in self-defence, senior judges pointed out that he landed up to 12 blows to the victim’s head as he lay helpless on the ground.

Forty seven year-old Mr. Mills, from Dundrum, died on the night of September 29, 2012, at the end of an evening spent celebrating with members of Drumaness Cricket Club, which he played for. The club had earlier that day avoided relegation.

After drinking in a local bar, Mr. Mills was being left home by a friend when he asked to stop at a Chinese takeaway on Dromore Street. It was outside the takeaway that Mr. Mills came across Mr. Foster who had been drinking in a nearby bar.

In his original trial a prosecution lawyer said the incident started when Foster shouted obscenities at Mr. Mills.

“The defendant threw a punch and very quickly overwhelmed Mr. Mills,” said the lawyer. When Mr. Mills was on the ground he said Foster “repeatedly punched Mr. Mills about the head.”

“He did so on approximately 12 to 13 occasions. He literally punched the life out of Mr. Mills as he lay prone and defenceless.”

An autopsy found multiple injuries to Mr. Mills’ head which had obstructed his airways. He died in hospital the next day.

Foster, formerly of Corrigs Road, was initially charged with murder but proceedings were halted when he pleaded guilty to manslaughter. He received a seven year sentence at Downpatrick Crown Court last January half to be served in prison and half on supervised licence.

Appealing for the sentence to be reduced his lawyers told the Appeal Court judges how Foster had initially acted in self-defence and stayed at the scene of the fight to put Mr. Mills in the recovery position. Such an action reflected clear remorse and contrition on his part, it was contended.

However, Lord Justice Coghlin, sitting with Lord Chief Justice Sir Declan Morgan and Lord Justice Gillen, identified Foster’s violent history, including previous convictions for assault and disorderly behaviour.

“While accepting that the initial blows may have been struck in self-defence, there can be absolutely no doubt in this case but that the applicant did cause substantial violence to the deceased at a time when the deceased was lying prone and helpless in the middle of the road,” said Lord Justice Coghlin.

“Substantial sentences are required to deter individuals from this type of wanton violence and to remind them that if their actions go beyond what they in their drunken condition intended they must face the consequences.”

Ruling that Foster received the proper reduction in sentence for his guilty plea and remorse, the judge added: “Deterrent sentences are also required to mark society’s outright rejection of such behaviour and to reflect the inevitable emotional consequences of the loss of a life.”