Teenager in samurai sword attack locked up for 3 years (From Gazette)

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Teenager in samurai sword attack locked up for 3 years

5:00pm Wednesday 29th July 2009 in News By Frances Leate

‘Vulnerable’ - Ross Barnham

A TEENAGER who “viciously” attacked a 19-year-old with a samurai sword has been sentenced to three years in a young offenders’ institute.

Ross Barnham, 18, of Spruce Avenue, Colchester, pleaded guilty to hitting Toby Payne over the head with the oriental sword, which had an 18-inch blade, during an altercation with a group of youths on the Greenstead Estate.

Chelmsford Crown Court heard yesterday how Barnham was walking home from his girlfriend’s house, on December 15 last year, when he came across a group of youths having an argument with two men in Conifer Close, Colchester.

The men, John Payne and his son, Toby, were arguing with the youths over noise.

John Caudle, prosecuting, said: “The two men were being surrounded by 15 youths, who had weapons. One of them was carrying a samurai sword.

“The father called the police and this was when his son realised he had been struck and had a large amount of blood coming from his head.”

The court heard how Barnham, who was drunk and high on cannabis and cocaine at the time, had taken the sword from one of the youths and hidden it under a bush because he feared it could injure someone.

However, he later decided to use the weapon himself, and in what the judge described as an “appalling attack”, struck Toby Payne on the head, causing a ten-cm gash from the crown of his head to the nape of his neck.

Marcus Croskell, mitigating, described Barnham as a vulnerable young man. He said: “He is still a very young man and has got himself into a lot of trouble very quickly over the past few years, but is trying to draw a line under that.

“He is clearly a vulnerable young man that has been led astray in the past, and to some extent during these offences.”

The court heard how Barnham, who has already served 196 days in Warren Heath Prison for young offenders, had been on constant suicide watch at the beginning of the year, after cutting himself with a radio aerial.

The teenager, who suffers from dyslexia and is partially deaf, was given three years in a young offenders’ institute for the assault and a further six months concurrent sentence for a burglary in November 2008.

The court heard how Barnham had broken in to a property, by squeezing through a window, and kept a look-out while a group of youths carried out an untidy search and stole items, including £50 from a china piggy bank.

When sentencing, Judge Anthony Goldstaub QC, said: “You took the sword and you struck Toby Payne a vicious blow with a sword at the back of the head.

“It is only by good fortune he survived the blow and did so without permanent brain damage.”

Comments(70)

A4RON0531 says...
5:53pm Wed 29 Jul 09

hold tight ross we all miss you loads and can't wait for you to get out m8!