‘Nonsense’ rules tied my hands over drug-dealing thug, says judge

A JUDGE has criticised “nonsensical” sentencing rules after he was unable to give extra jail time to a violent drug dealer who attacked a child the day he was let out of prison.

Martin Davies, 30, was jailed for 39 months last January for selling the drug Spice, but having spent months on remand awaiting trial, he was eligible for early release in December. Within hours of getting out of prison, he smoked Spice and launched a drugfuelled attack, “something akin to a horror film”, on a 10-year-old boy.

Davies was returned to prison after the attack to complete the remaining 20 months of his original sentence.

And when he appeared at Manchester Crown Court on the assault charge, Judge Anthony Cross QC jailed him for another two years.

But he explained that current rules meant the new two-year sentence could only be applied concurrently rather than tagged on the end.

It means when Davies has completed the remainder of his original sentence, he will only have an extra four months to serve rather than the full two years.

Judge Cross said: ”The fact that I cannot pass a consecutive sentence is nonsensical, and something is very wrong.

“The public would look on aghast that someone who has just been released from prison for one offence cannot then serve a consecutive sentence for the new offence. I have to follow the guideline, but if it were up to me this sentence would not start until Sept 2022.”

The rules say a court can only impose a concurrent sentence and not a consecutive one when a prisoner has committed an offence while out on licence.

The court heard Davies was supposed to be looking after his victim.

Brian Williams, prosecuting, said: “The defendant was arrested while still under the influence of Spice. The victim was taken to A&E and treated for substantial bruising to his face and lacerations to his neck, back, leg and eyelid.

“The defendant has many previous convictions. This was a sustained assault by an adult on a child who ended up having to lock himself in the bathroom.”

Judge Cross told Davies the boy had been traumatised, adding: ”You loaded a crack pipe with Spice, smoked it and then, whilst hallucinating, you set on a defenceless 10-year-old boy. You physically assaulted him in a deranged way, in a scene akin to a horror film.

“Every type of sentence has been tried in your case from community orders to suspended sentences, but you have failed to respond to them.”

A Ministry of Justice spokesman said: “Anyone committing a further offence while on licence must serve the full sentence for that crime.

“Judges may also hand down tougher punishments for any crimes committed while on licence.”