Dylan Morgan received a 25-month prison sentence at Teesside Crown Court last month on charges of criminal damage and affray.
The 26-year-old defendant of Skipton Close, Newton Aycliffe, admitted the criminal damage charge at a Durham Crown Court plea hearing in November.
He admitted the count of affray at a previous magistrates’ court hearing, both offences having arisen from an incident in High Shaws, Brandon, on Sunday October 12.
Morgan, upon being refused entry to the property, is said to have climbed onto the roof and thrown tiles, causing damage originally estimated at £2,300.
But the case came back before Durham Crown Court yesterday (Tuesday January 27) for a prosecution application under the ‘slip rule’.
Such applications can be brought to amend sentences within a 56-day time limit after the original sentence was passed if it was thought there was an omission in the case presented to court.
Elisha Marsay, for the Crown, sought an “uplift” in the length of the sentence to reflect a racial element to the case, which was not brought up at the original sentencing hearing.
Miss Marsay said it related to comments made by the defendant during the incident, which were not previously referred to in court, but which were contained in the witness statement of an officer present.
“I’m instructed to apply for an uplift on the basis it was racially-aggravated, based on the statement of an officer,” said Miss Marsay.
“Religious or racial hostility can be considered aggravating features.”
In response, Caoimhe Bicknell, for Morgan, said: “Any aggravating feature about race was never previously raised.
“If the prosecution thought there was a racial element, the court should have been informed at the earliest opportunity.
“I do accept he pleaded guilty on a ‘full facts’ basis.
“This was an incident where he attended his mother’s address seeking to re-instigate contact.
“He was running up and down properties throwing missiles at property.”
Judge Edward Legard, who passed sentence on December 18, said it appeared the defendant’s comments at the time were all part of the affray allegation.
He said that in considering any uplift to the sentence passed, he exercised his discretion.
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“My attention was drawn to this today and it was never raised at the sentencing hearing in open court or the prosecution sentencing note, and, until a few moments ago, it was never brought to my attention.
“In any event, notwithstanding what I have just said, having read the statement in full, I’m more than convinced the sentence passed was commensurate with what he pleaded guilty to.”
In rejecting the prosecution application, Judge Legard added: “The gravamen of the offence was the throwing of the tiles from the roof, and so forth.”
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