Life term quashed for 'vicious' attack (From Salisbury Journal)

Life term quashed for 'vicious' attack

6:13pm Thursday 15th May 2008 in

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A MAN who 'ruined' another's life with a kick to the head in a post-pub street brawl, leaving him in a vegetative state from which he may never recover, has had his life sentence quashed.

Adam Stuart Cross, of Brown Street, Salisbury, was at the end of an all-day drinking session when he unleashed the 'vicious' attack on 34-year-old Joseph Starzacher in the town centre last July, London's Criminal Appeal Court heard.

Cross, 29, was convicted of causing grievous bodily harm with intent at Salisbury Crown Court and was handed a life sentence, with a minimum term of six years, in January this year.

But he launched an appeal this week and his legal team argued he had not carried out a 'sustained' attack and had only kicked Mr Starzacher once.

Judge Gordon, sitting with Lord Justice Dyson and Mr Justice Openshaw, agreed the attack did not come into the category where a life sentence was appropriate.

He said all three judges considered the life sentence to be 'wrong in principle' and replaced it with an indefinite term of imprisonment for public protection.

The judge also cut the minimum term Cross must serve to five years, saying that six years was 'outside the permissible range'.

Once Cross' minimum term has expired, he can apply to the Parole Board for release, although he will only be freed if the authorities are satisfied it is safe to do so.

• For the in-depth story see the May 22 edition of the Salisbury Journal