Kensal Rise man fails in pogo stick attack appeal

He was jailed for affray after trying to hit his neighbour during a dispute

A MAN who was jailed after trying to hit his neighbour with a pogo stick has lost his appeal to be freed in time for Christmas.

John Smyth, of Chevening Road, Kensal Rise, was locked up for 18 months after he was convicted of affray following the incident in November 2009.

The Court of Appeal heard claims from William Paynter, the 58-year-old’s lawyer, that he had spent a long time behind bars before his conviction and that, for a man of his age, the 18-month sentence was ‘manifestly excessive’.

He said Smyth has less than a month of his sentence left to serve, so any reduction would mean he could be released to care for a friend who has emphysema.

However, Mr Justice Lindblom, sitting with Lord Justice Pill and Mr Justice Davis, rejected the pleas that he had been punished enough and dismissed the appeal ordering him to stay in prison until the New Year.

He said: “In light of what the appellant did on that night, which was clearly very distressing for those who witnessed it, Mr Brennan and those at his home, we do not think it is arguable that the sentence imposed on the appellant was manifestly excessive.”

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During Smyth’s trial at Harrow Crown Court last month jurors heard he had gone round to Tom Brennan’s home with two other men after a row the previous month.

The trio banged on the door and when Mr Brennan refused to open it Smyth picked up a pogo stick that was lying in the front garden and smashed a window.

He then tried to hit Mr Brennan with the stick.

The court heard Mr Brennan’s wife and two young children were so scared by the violence they locked themselves in the bathroom.