Page last updated at 17:02 GMT, Thursday, 13 November 2008

Newlove killer's appeal rejected

Garry Newlove
Mr Newlove died in hospital two days after the attack

A teenager convicted of murdering Garry Newlove outside his Cheshire home has lost his appeal against his conviction.

Mr Newlove, 47, was kicked and punched "like a football" by a gang of youths when he confronted them over vandalism to his wife's car in August 2007.

Adam Swellings, 20, who was sentenced to serve a minimum of 17 years in jail, has had his appeal bid rejected.

Stephen Sorton, 18, also jailed for murder, won a two-year reduction in his sentence at the Court of Appeal.

After Swellings' appeal to have his sentence quashed was rejected, he also lost his appeal against his minimum term.

Mr Newlove's widow Helen was in court to hear Lord Justice Moore-Bick and two other senior judges reject his case that his murder conviction was unsafe.

We were satisfied we followed the correct procedure in the use of bad character evidence
CPS spokesman

The teenager, of Meredith Street, Crewe, was sentenced for Mr Newlove's murder along with Sorton, of Honister Street, Warrington, who was ordered to serve a minimum 15-year term at Chester Crown Court in January.

Reducing Sorton's 15-year jail term to one of 13 years, Lord Justice Moore-Bick emphasised that even when he has served that term he will not be released until the parole board was satisfied he "no longer presents a danger to the public".

A third teenager, Jordan Cunliffe, formerly of Rowland Close, Warrington, who was jailed for a minimum of 12 years for murder, has not appealed against his conviction or sentence.

During the trial it emerged the youths had been drinking heavily in the hours running up to Mr Newlove's murder.

Swellings had been released from custody for an assault just hours before the attack.

He was freed on bail on the condition that he stay away from Warrington but he remained in the town.

Family campaign

Mr Newlove was attacked in front of his daughters Zoe, 18, Danielle, 16, and Amy, 13, outside their home in Station Road North, Fearnhead.

He was taken to hospital but died from head injuries two days later.

A spokesman for the CPS said: "We were satisfied we followed the correct procedure in the use of bad character evidence at trial and therefore opposed Swellings' appeal against conviction.

"The court has decided to reject his appeal against conviction on these grounds. It has also decided to uphold the sentence imposed by the trial judge and we accept the judgement of the court."

The Newlove family launched a campaign in his memory at the weekend.

Newlove Warrington aims to improve the sense of community and opportunity across the town.

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