Armed thugs who left man for dead in Brierfield lose court appeal
Mohammed Arfan, his brother Mohammed Nawaz and Mohammed Javed were each locked up for 16 years after being found guilty of causing grievous bodily harm with intent at Burnley Crown Court last August.
The trio challenged their sentences at London’s Criminal Appeal Court, with their lawyers arguing 16 years was “too long” for their crimes.
But their appeals were dismissed by three of the country’s top judges, who said the sentence handed to each of them was “justified” in light of the “appalling” offence.
The court heard Arfan (37), of Manchester Road, Nelson, Nawaz (45), of Hardy Avenue, Brierfield, and Javed (41), of Burnley Road, Brierfield, set upon their victim, Asif Hussain, in Colne Road, Brierfield, in 2011.
Mr Hussain was on his way to a gym when the three pulled up in a car, jumped out and carried out a savage and sustained attack on their 39-year-old victim, hitting him with hammers, knives and a hockey stick.
The attack happened in broad daylight, in full view of a number of pedestrians and motorists.
The court heard there had been a “feud” between the families of the attackers and the victim in the run-up to the incident.
Sentencing the trio, Judge Beverly Lunt said the attack was “premeditated, brutal and cowardly” and described as “chilling” eye-witness accounts of the men delivering full-force blows to Mr Hussain as he lay motionless on the ground.
The victim – who was treated at the scene by two passing off-duty nurses – sustained “life-changing” injuries including multiple stab wounds, a fractured skull, and broken leg.
As a result, he can now only walk for short distances, needs help with daily tasks, has been left with numerous scars and has suffered psychological trauma, the court heard.
Lawyers acting for all three men argued their sentence was over the top, saying the crown court judge didn’t take enough account of the fact they had no previous convictions for violence.
They also argued the judge over-stated the injuries suffered by the victim when assessing the attack as one where “greater harm” was caused.
But, dismissing all three appeals, Mr Justice King said the judge was entitled to reach the conclusions she did and the sentences were “not excessive”.
Sitting with Lord Justice Davis and Mr Justice Kenneth Parker, he added: “This was, in truth, an appalling offence of its type – a very serious assault, pre-meditated, in a group, causing very serious injuries and without an ounce of remorse or contrition.”