'Joke' sentence will stand
Britain's top judge has attacked a sentence handed down to an armed robber as lenient – but has refused to increase it.
Neil Gordon was given a community order after stabbing and slashing a lone shopkeeper, sparking outrage from his victim, who condemned the punishment as "a joke".
The Crown Prosecution Service (CPS) appealed for the sentence to be increased and, giving his judgement, Lord Chief Justice Igor Judge said the CPS was right to mount the challenge.
However, he said Gordon had complied with every requirement of the order handed to him and it would be "unfair to impose a sentence that would interfere with his rehabilitation".
Gordon attacked Jitandra Patel in his Melton shop in September, stealing £670 cash.
He wounded the shopkeeper after the 52-year-old tried to stop him taking money from the till.
The 33-year-old, of Longcliffe Hill, Old Dalby, Melton, admitted robbery, having a bladed article and possessing a Class A drug at Leicester Crown Court, in March. He had spent 185 days in custody following his arrest. Gordon was sentenced to an 18-month community order with supervision by Judge Michael Pert QC, and ordered to attend a 12-month drug rehabilitation course and a substance abuse programme.
The CPS had prepared a report for the Attorney General containing reasons why the sentence was, in its opinion, unduly lenient.
Refusing to increase the sentence, Lord Judge said: "The appropriate sentence should have been one of immediate custody.
"The message must be clear – shopkeepers performing valuable services to their communities must be protected."
However, he said Gordon should be given the chance to rid himself of drugs and the community order would remain in place.
"This is a man who looks as though he is starting to become rehabilitated and who is obeying the conditions attached to the community sentence.
"All the evidence suggests there are indications the process of rehabilitation is well under way, although not complete."
The court was told Gordon joined the Army at the age of 18, but left shortly after three of his colleagues were killed by a car bomb in Northern Ireland.
He was left suffering from post-traumatic stress disorder and developed a drugs problem.
After the hearing, district crown prosecutor Lawrence English said: "While we appreciated the defendant's mitigating circumstances in that he had post-traumatic stress disorder, we considered the seriousness of the case and the impact of the attack on the victim to outweigh that. We believed the sentence to be insufficient for the severity of the crime.
"Although today's hearing has not resulted in a custodial sentence, we are pleased our decision to refer the case to the court was deemed to be the right one and that we have taken forward every legal avenue open to us to appeal the sentence and safeguard the public."
Mr Patel said while he welcomed the news Gordon was "taking steps to clean up his life", he could never forgive him for what he had done.
He said: "It has changed my life and made me wary of everyone who comes into the shop.
"It's not a very friendly way to live, all because of what one person did. I hope he uses the opportunity to clean himself up."













31 Comments
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by Matt, Leicester
Thursday, July 02 2009, 2:52PM
“Pete - Ok, I assumed wrong that you'd moved out there to retire.
Back to your points though -
1. You make the comment about free speech but fail to appreciate the irony that your comments (even those threatening me in a cowardly round about way) have been allowed to stand and while you may point towards some being removed, 90% of the comments of this site are in a similar vain to yours and they also get left alone. It's only when things get extreme to the point of it actually breaking the law that they tend to be taken off. So there you go, talking rubbish there aren't you.
2. You claim that people are afraid to speak out incase do-gooders like me bite back. Well all I did was make a comment, you're the one who went down the route of accusing me of being evil, making various other personal remarks and ridiculous assumptions about what my beliefs are.
3. You can GUARANTEE that people who have serious mental health issues (post-traumatic stress disorder), a serious drug addiction (ok self inflicted, but possibly linked to the mental health problem) just need a good kicking? There may be some criminals where that would do the trick but with others its far, far more complicated. You use the example of the graffiti artist in Spain to prove your point, but the two things are not comparable. A kid with a spray can probably would brick it at the thought of a mob of angry residents chasing him off but this case is a million miles away from that.
In the end i have done no more than consider the possibility that there MIGHT, and I stress MIGHT be some sense in the judges approach on this occasion, offering an alternative viewpoint, not claiming to know everything like you Pete. To parrot you, whatever happened to freedom of speech.
You need to grow up a little, then you can have a proper discussion with the adults.”
by CJ, Leics
Thursday, July 02 2009, 2:48PM
“Rest my case, People on here are just so slow and not with it. Race? Rizvan 'We were having a valid discussion before'. You haven't left one comment as of yet? Shame on who me, you everyone. Don't play the old 'Race card' If you read the comment you would understand simple. Read it!”
by Rizvan, Oadby
Thursday, July 02 2009, 2:40PM
“CJ please do not spout any racial views on here. We were having a valid discussion before.”
by oh dear, leic
Thursday, July 02 2009, 2:39PM
“oh dear oh dear oh dear this just sums up justice in this country.
British Justice stuffing the honest.”
by Raj, Highfields
Thursday, July 02 2009, 2:35PM
“CJ why are you bringing race into it. Typical of you. Pete is clearly sticking up for the shopkeeper and you dare to drag race into. Shame on you. You will see he was referring to recently elected party - but it is clear he was referring to them on matters of crime and punishment. It is people like you CJ that people of my community wish would stop banging on about race as that divides the communities - colour or race should never be mentioned and anyone who mentions could be classed as a racist. CJ it was you who first mentioned it here - what does that make you??”