‘Animalistic’ attacker’s appeal fails

AN “ANIMAL” who tried to gouge a man’s eyes out as he relaxed on his sofa was lucky to escape with just an eight-year sentence, top judges ruled yesterday.

“Dangerous” Cawley Jake Durham, 24, saw red when his downstairs neighbour Howard Galvin came up to inquire about a “disturbance” in his flat in March last year.

After the confrontation seemed to “end amicably”, Mr Galvin returned to his own flat, London’s Appeal Court heard yesterday.

He was sitting on the sofa when Durham burst in and attacked him, locking his teeth on to his left ear and ripping out a “substantial piece of flesh”.

Durham went on to bite Mr Galvin on the cheek, before setting about trying to put out his eyes, said Judge David Stockdale QC.

“While sitting astride him, Durham inserted both thumbs into his eye sockets in an attempt to gouge out his eyes,” the judge added.

Durham finally pulled away, but the judge said he had set out “on his own admission to blind Mr Galvin in both eyes”.

Mr Galvin was left scarred and traumatised by his ordeal.

Durham, of Rhiw Felin, Pontypridd, was jailed for eight years at Merthyr Tydfil Crown Court last December after jurors convicted him of wounding with intent.

And because the judge labelled him “dangerous” he was ordered to serve an extra four years on extended licence after leaving jail.

Durham’s case reached the Appeal Court yesterday as he pleaded for a sentence cut, claiming he had been too harshly punished.

Judge Stockdale, sitting with two other judges, noted the savagery of Durham’s assault in response to a “minor perceived slight”.

A probation officer had described the assault as “ferocious, animalistic and clearly intended to maim”.

The judge who sentenced Durham was entitled to find him dangerous, and his sentence was, if anything, generous.

“The overall sentence – both the custodial and extended elements – is not manifestly excessive,” said Judge Stockdale.

“The appeal will be dismissed.”