Man deemed risk to public loses appeal

York Crown Court
York Crown Court

A “DANGEROUS” Scarborough thug who had his sentence reduced despite savagely beating his ex-girlfriend has failed to win a second cut to his jail term.

Kevin Masham Kirby, 49, of Highfield, lost his appeal for a sentence reduction at London’s Court of Appeal.

He was originally jailed indefinitely at York Crown Court in May after he admitted causing grievous bodily harm with intent during the humiliating attack on his ex-partner.

The sentencing judge ordered he serve a minimum of three and a half years behind bars.

However the judge later reduced that term to three years, after which Kirby can apply for parole.

On Friday three Appeal Court judges rejected Kirby’s pleas for his open-ended sentence to be overturned, or for a further cut to the minimum term he must serve.

Mr Justice Andrew Smith, sitting with Lord Justice Pitchford and Mr Justice Popplewell, told the court Kirby attacked his then-partner in October last year after a heavy drinking session.

The court heard Kirby told the woman she had “two hours to live” before carrying out a prolonged assault, in which he broke her arm and dislocated her shoulder.

Kirby, who had a previous conviction for sexual activity with a girl under 16, was found by both a probation officer and a psychologist to pose a “significant risk” to the public, or anyone he might have a relationship with.

Lawyers for Kirby today claimed both his minimum term and the indefinite sentence were over the top, because he was not dangerous and admitted his crime.

But the three judges rejected those arguments, upholding the indefinite sentence and refusing to further cut the minimum term.

Mr Justice Smith told the court: “This was a significant attack upon a vulnerable victim, who he deliberately humiliated and severely injured.

“Despite the plea of guilty we are unable to find that the minimum period is so excessive as to need reducing on appeal.”

Kirby’s indefinite sentence - almost identical to a life term - means he will not be freed until the Parole Board is convinced the danger he poses to society has passed.