THE family of a man killed in the street were outraged last night after his attacker escaped an extra year in jail because a court felt he had suffered "uncertainty" over calls to increase his sentence.
Instead of increasing Alfred Welch's sentence by two years, the Appeal Court imposed only a 12-month increase.
The court agreed with the Attorney General's argument that the original three-year sentence handed down by Teesside Crown Court had been too lenient, and that a five-year term would have been appropriate.
Lord Justice Pill said he had originally planned to impose a two-year extension. But he relented after deciding Welch had faced "considerable uncertainty" before the case not knowing if he would be spending more time in prison.
The decision to limit the increase means that, with remission, Welch will only serve two years for killing Darlington father-of-two Paul Simpson.
Mr Simpson, 33, from Eldon Street, died as the result of a sick "game".
Welch, 21, cruised the streets of Darlington, calling on innocent members of the public for assistance - and then punching them.
When Mr Simpson was punched, he suffered fatal injuries when he fell and struck his head on the kerb.
Lord Justice Pill's decision to fix a new sentence of four years angered the family of Mr Simpson, who was a mature student.
As the judge delivered his decision, Mr Simpson's brother, Geoff, shouted: "We've got a life sentence." After the hearing, he told The Northern Echo: "The law is out of touch and out of date and it must be changed."
Paul's fiance, Tricia Kelly, who he was due to marry last year, said: "Me and the girls somehow have to rebuild our lives - the girls without a doting father, and me without a fiance."
Welch, of Harris Street, Darlington, was jailed in July last year after pleading guilty to manslaughter and two counts of assault causing actual bodily harm.
Norman Brennan, national director of the Victims of Crime Trust, who has worked with families including that of murdered toddler James Bulger, described the sentence as an insult.
"We are not talking about a mugging, or a burglary here, we are talking about the death of an innocent individual who was doing nothing more than trying to give assistance he thought was required from a motorist," said Mr Brennan.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article