Hampshire & Isle of Wight

Samuel Armstrong sentence reviewed for Andrew Toseland assault

Samuel Armstrong
Image caption Samuel Armstrong was sentenced to 64 months in prison for the attack on Andrew Toseland

A teenager who seriously assaulted a man near his flat last August, leaving him in a coma, has had his sentence referred to the Court of Appeal.

Samuel Armstrong, 19, was jailed for five years four months at Portsmouth Crown Court after admitting grievous bodily harm on Andrew Toseland.

Mr Toseland, 49, from Gosport, Hampshire had asked a group to stop making noise outside his flat.

Three judges will decide if Armstrong's sentence should be increased.

The Attorney General's office confirmed solicitor general Oliver Heald has referred the case to the Court of Appeal after reviewing the circumstances.

A second man, Brandon Fisher, 19, was jailed for 27 months after pleading guilty to unlawful wounding for his part in the assault on Mr Toseland.

The victim suffered severe brain injuries, requires long-term care and is no longer able to walk.

'Wicked and sickening'

Armstrong, of Sherwood Road, Gosport, also received an eight-month concurrent sentence for causing actual bodily harm to Mr Toseland's brother.

Image caption The attack on Andrew Toseland has left him needing 24-hour care

Portsmouth Crown Court heard how Mr Toseland and his brother were disturbed by a group of young men who had been drinking heavily at a party in the same block of flats in Forton Road.

Armstrong administered a "flying kick" and stamped on Andrew Toseland's head up to 15 times "with great force".

Judge Sarah Munroe said the attack was "wicked and sickening".

Gosport MP Caroline Dinenage welcomed news of the Attorney General's decision to reassess Armstrong's "lenient" sentence, having written to him expressing her concerns.

"It sends out a firm message to people in society that this form of wicked, evil behaviour is not acceptable and will be punished," said Ms Dinenage.

"It's so utterly wrong to wreck another human's life to this extent and effectively get away with it."

The Attorney General's office confirmed it will take between five and six weeks before the case is listed before the Court of Appeal.

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