A TEENAGER locked up for a 'brutal' attack on a soldier enjoying a night out has had his indeterminate jail sentence overturned on appeal.
Last April, the Gazette reported that Dane Flynn, 19, of Halsway, Hayes, was jailed indefinitely for the public's protection after admitting grievous bodily harm with intent for his part in the attack in December 2009.
At the Appeal Court on Monday, February 7, it was ruled that the potentially life-long sentence was excessive. The decision could see Flynn released in less than two years.
The victim of the attack, Kwuku Wireko - a lance corporal and driver stationed at RAF Uxbridge - was on a night out with friends when he was targeted by Flynn and an accomplice, 27-year-old James O'Neill, of Bury Avenue, Hayes, outside an pub in Uxbridge.
Mr Wireko, described in court as an innocent passer-by, made clear to both men that he was 'not looking for trouble' but he was felled in a brutal assault by both men, said Lord Justice Moore-Bick.
While he lay helpless on the ground, Flynn - who was just 17 at the time - "held the victim's head up by his jacket collar to allow his co-accused to kick his head, rendering him unconscious," said the judge. "Flynn then stamped on his head twice."
Mr Wireko's injuries included a chipped tooth and a swollen jaw, and he needed 12 stitches in his face.
Both men were arrested within a week of the attack and they admitted to the charges at Isleworth Crown Court. But the open-ended sentence, which would have kept Flynn in custody for as long as it took to persuade the Parole Board it was safe to release him, was excessive in light of Flynn's youth and guilty plea, said the judge.
The court gave Flynn a four-year jail sentence, plus three years on extended licence, during which he will be closely monitored and face recall to custody if he commits a further offence.