Killer's sentence reduced to eight years on appeal
A man who killed his girlfriend got his 14-year sentence for manslaughter slashed to eight years on appeal sparking outrage from her family.
Ruth Binns, 26, died after a pre-existing medical condition that affected her breathing was exacerbated by an assault at the hands of Arnold Astwood.
Astwood's lengthy sentence was reduced by the Court of Appeal on Friday because the judge who meted it out did so on the erroneous basis that he'd strangled Ms Binns.
The Crown conceded there was no firm evidence of this, and they could not explain exactly how Ms Binns suffered pressure to her neck that contributed to her death.
News of the dramatically-reduced sentence dismayed the victim's family, who had not been notified the appeal hearing was taking place.
Ms Binns' mother, Donna Dill said: "What kind of justice is that when you can get 20 years for drugs and eight years for killing somebody? What kind of law do we have?
"No wonder this Island has gone stupid and people are shooting people they don't get enough time.
"She's dead, she can't come back and he can get out in a few years."
Mrs. Dill, 51, of Warwick, said the first they heard of appeal ruling was when they were contacted by this newspaper.
"We would have been there and we would have objected," she said.
The victim's aunt, Deborah Binns-Robinson said: "I'm most upset. The Police report said he had given her blows and all that. He knew what he was doing. The 14 years was not enough, he should have got longer, and everybody is going to be upset."
Astwood pleaded guilty to manslaughter in March, on the day his Supreme Court trial for murder was due to begin. Judge Carlisle Greaves heard during the ensuing sentencing hearing how Astwood, now 37, fled the scene of a row with Ms Binns in a panic after he pushed or punched her and she collapsed. He has a long history of being physically abusive to her and other women.
Director of Public Prosecutions Rory Field said Ms Binns, of Camp Hill Road, Southampton, suffered from a swelling known as a goitre in her throat, caused by an enlarged thyroid gland. This sometimes made it hard for her to breathe.
Mr. Field said she and Astwood, of Green Acres Road, Devonshire, had been in a relationship for around five years.
He visited her at home on the evening of September 24, 2007, the last night she was seen alive. The next morning, her sister found her naked in her bedroom, seated on the floor with her back against the foot of the bed, slumped over and unresponsive.
Ms Binns had blood on her face, upper torso and right hand. An ambulance was called but she was certified dead later that morning and Astwood was arrested on suspicion of murder.
Mr. Field detailed a post-mortem report by forensic pathologist Michael Pollanen. This said Ms Binns died as the result of pressure being applied to her goitre which was prominent on the front right side of her neck.
Dr. Pollanen said pressure to the neck caused compression of the airway due to Ms Binns' enlarged thyroid gland and there was "incontrovertible" evidence of injury to the neck. Dr. Pollanen's report did not list how this compression/injury occurred.
The pathologist's report also explained how Ms Binns' thyroid problems led to scarring in her heart, which may have been a factor in her death. And Dr. Pollanen listed a number of facial injuries, including bruises on her face and neck and upper lip consistent with her being struck in her face several times.
Defence lawyer Charles Richardson took exception when Justice Greaves remarked that Astwood must have been aware of her condition and "there must have been some deliberateness in his mind to impose some bodily harm when he grabbed her in the area where he did". The judge also said during the sentencing that Astwood "squeezed" Ms Binns during the assault.
Opposing those findings in the Court of Appeal on Friday, Mr. Richardson told the panel of judges there was no medical evidence showing Astwood choked Ms Binns.
"The medical evidence was far too ambiguous for the trial judge to draw the conclusions that he did draw," insisted Mr. Richardson, urging that a sentence of ten years or less would be more appropriate.
Prosecutor Cindy Clarke argued that the original sentence was appropriate in light of Astwood's history of domestic violence and because he was aware of Ms Binns' "medical challenges".
However, she conceded that there was no evidence showing Astwood had strangled the victim and "at the highest the case could only have been that some pressure was applied to that (neck) area. We cannot say what kind of pressure."
Slashing Astwood's jail term by six years, Court of Appeal President Edward Zacca said the ruling was made "bearing in mind that the Crown has conceded that it's unable to say how the pressure came to be on the neck of the lady deceased" in contradiction of the position the judge took in sentencing Astwood "on the basis that he had strangled this woman".
He also said some discount on the sentence was due because Astwood pleaded guilty rather than taking the matter to trial.