Knife attacker who endangered victim's life has prison sentence cut

Edinburgh High Court: Sean Dempsey had his sentence cut.

A man who inflicted "horrific" knife injuries on an intruder who had attacked him weeks earlier has had his prison sentence almost halved by appeal judges.

Sean Dempsey, 29, was originally jailed for seven years for the assault on David Smith but had his custodial term cut to four years after arguing his own case.

Lord Carloway, who heard the appeal with Lord Menzies, said that taking account of the provocation faced by Dempsey they regarded the original sentence imposed on him as excessive.

Lord Carloway said they proceeded on the jury's verdict that Dempsey's actions were done under provocation "of a considerable type" and that Mr Smith, 32, had gone to his flat with the intention of doing him "serious harm with a knife".

Dempsey was originally charged with attempting to murder his victim on June 19 in 2010 at an address in Aboyne Avenue, in Dundee.

But he was convicted of a reduced charge of assaulting him to his severe injury, permanent disfigurement and impairment and to the danger of his life by repeatedly striking him with a knife.

His plea of self-defence was rejected during the trial at the High Court in Edinburgh.

The sentencing judge, Lord Kinclaven, told Dempsey that he could not ignore the nature and extent of the injuries he had inflicted.

The victim suffered eye, face and throat injuries in the attack.

Lord Carloway said: "It has to be accepted and it is that the injuries to the complainer can only be described as horrific and the court has seen photos in that regard."

The senior judge said that Mr Smith had gone to Dempsey's flat with a view to stabbing him following an earlier incident a fortnight prior when he had attacked Dempsey with a knife.

The judges at the Court of Criminal Appeal were shown medical records which revealed that Dempsey was in hospital following the first incident with stab and slash wounds to the back and an eye injury.

Lord Carloway said it was recorded on that occasion that there was a threat to take his eye out.

Police were called but Dempsey declined to report the other man's involvement.

When Mr Smith went to the flat on the later occasion Demspey managed to disarm him and inflicted the injuries on him.

Dempsey told the appeal judges: "He was the aggressor. He came to my home. I feel like I am being prosecuted for his actions. If I could have run I would have run away."

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