Harlesden pensioner jailed for racist attack loses appeal bid
- Credit: PA Wire/Press Association Images
A Harlesden pensioner who was jailed for hurling a tirade of racist abuse at a black neighbour has lost a Court of Appeal bid for freedom.
Andrew Patrick Hoey, 65, of Leopold Road, reacted with fury when Charles Muazzi, asked him to keep his unruly dogs under control on August 20 last year.
In May, he was jailed for 16 months at Harrow Crown Court after admitting racially aggravated harassment and assault, and offences of assault by beating and having an offensive weapon.
On Friday, his lawyers argued that the crown court judge was wrong not to suspend his prison sentence and a knee disability was making his life exceptionally hard in jail.
The Court of Appeal heard after Hoey shouted racist abuse at Mr Muazzi he returned with a machete, which he used to cause a small injury to the hand of another neighbour, John West, who tried to intervene.
The court heard Hoey had a string of previous convictions and had a long term alcohol problem.
However, he had expressed genuine remorse to a probation officer who assessed him prior to his sentencing.
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He was suffering with arthritis and awaiting a knee replacement operation, which made his life extremely difficult.
While in prison, he had been unable to take the exercise he is entitled to, meaning his knee has now completely seized up, Mr Justice Wilkie and Judge John Bevan QC were told.
Giving judgment, Mr Justice Wilkie said: “The difficulty with the submission is that the offending was, within its context, extremely serious and persistent, and well merited the sentence of imprisonment which was passed.
“In our judgment, given the serious and unpleasant nature of the offending, the judge cannot be said to have been wrong in principle to have declined to suspend the sentence.”