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Lawyer: Benjamin's term fit the crime

the crime, a Crown counsel said yesterday.Mr. Khamisi Tokunbo was speaking at the end of an appeal against conviction and sentence by Randy Benjamin, 27, who is serving four years for unlawful wounding.

the crime, a Crown counsel said yesterday.

Mr. Khamisi Tokunbo was speaking at the end of an appeal against conviction and sentence by Randy Benjamin, 27, who is serving four years for unlawful wounding.

Mr. Tokunbo told the Court of Appeal: "This must be one of the worst cases of simple wounding you could have. On that basis a sentence of four years was quite appropriate given the circumstances and the appellant's overall background.'' Benjamin, formerly of Lusher Hill, Warwick, stabbed victim Michael Robson after a fight at the Ice Queen in Paget.

The Court of Appeal heard that Benjamin, who admitted previous convictions for violence, had been attacked with crash helmets and responded by pulling a knife and stabbing wildly at Mr. Robson and two of his friends.

Mr. Tokunbo said the knife was buried so deep in Mr. Robson's head that surgeons had to chisel it out. The court heard he still suffers health problems as a result.

Mr. Tokunbo added: "The blade was bent showing the force with which it had been used.'' The incident happened outside the Ice Queen in the early hours of the morning in July, 1993.

Benjamin was convicted of unlawful wounding after a trial in February, although cleared of the more serious charge of attempted murder.

Mr. Tokunbo rejected the self-defence argument and a further claim that the knifing could be regarded as accidental put forward by the counsel Mr. Philip Perinchief.

He said: "All he had to do for this lesser count was to apply some unlawful force to someone. The only intent which needed to be established was that he intended to do some physical harm. I see this as quite straightforward and there is no more I can add to this.'' Mr. Perinchief added that the maximum sentence for the offence was five years and the four year jail term imposed on his client was "manifestly harsh and excessive''.

He said: "This is a very high sentence considering the circumstances in which this young man found himself. He did not go out seeking a fight with anyone.

He had a taxi waiting for him -- he was on his way to the taxi with his food when he got involved in the melee.'' Court of Appeal judge, Mr. Justice DaCosta, said: "The degree of violence which had to be used to lodge the knife into his temple was considerable. He is a rather dangerous young gentleman who thinks he is above the law.''