Man cleared of savage murder - because he was drunk

Darren Blackley, 29, kicked, punched and stamped on 50-year-old David Wilson even using a child's cricket bat in the attack.

But he was found not guilty of murder after a jury accepted that he could not have intended the murder as he was inebriated.

Victims groups and legal experts last night warned the verdict was a "dangerous precedent" which could see thousands of violent criminals using alcohol abuse as an excuse.

Rose Dixon, spokeswoman for the Support After Murder and Manslaughter, said: "This will lead to people now saying, 'I beat my wife, but oh it's okay because I was drunk'.

"It sets an extremely dangerous precedent."

A spokesman for the Alcohol Concern campaign group admitted the verdict "opened up a whole can of worms".

Meanwhile a spokeswoman for The Suzy Lamplugh Trust, which campaigns on personal protection issues, added: "It absolutely sets a precedent, I'm sure people will try to use this again as an excuse."

Darren Blackley, who claimed he was too drunk to remember the fatal assault, was cleared by a jury at Lewes Crown Court of murder but convicted of manslaughter.

He was will be considered for parole in just two years and eight months after being given an indeterminate sentence.

Blackley admitted killing his friend and landlord, David Wilson, but claimed he was not responsible because he suffers from "alcohol dependence syndrome".

The World Health Organisation defines the syndrome as a disease where the sufferer has a strong desire or compulsion to take alcohol.

Blackley, who did not give evidence during his trial, denied murder but admitted manslaughter due to diminished responsibility. Judge Richard Brown said he viewed Blackley as a dangerous offender who posed a significant risk to the public.

The judge said to Blackley: "You have been convicted of the horrendous killing of David Wilson.

"He was subjected to a savage beating which involved a considerable amount of stamping while he was prone on the ground.

"He was a man who people described as gentle, who was never violent even when in drink. He had extended his hospitality to people like you who had no accommodation and you repaid that hospitality by killing him."

Judge Brown told Blackley his drinking did not excuse his behaviour.

He said: "The jury found you so drunk you were incapable of forming any intent to kill or cause serious bodily harm but you do have a history of violence in drink. While alcohol may go some way to explain your actions, it does not excuse them."

Although he will be considered for parole in under three years the indeterminate sentence means Blackley could serve longer in jail.

During the trial the court heard how Mr Wilson, 50, had let Blackley stay at his bedsit in Worthing, where he often offered a temporary home to street drinkers. But six months after he moved into the flat in St Elmo Road, Blackley kicked, punched and stamped on Mr Wilson leaving him with fatal injuries. A blood-stained children's cricket bat is also believed to have been used in the deadly assault, but it was too light to have caused the most serious injuries. Mr Wilson's body was found by police called to the flat just after midnight on September 27 2006 following a complaint from a neighbour living in the bedsit below about loud music.

When officers arrived they saw Mr Wilson's body half-hidden under his bed.

Blackley told police not to worry as he was only drunk.

A post mortem revealed Mr Wilson may have been dead for up to six hours. Mr Wilson, a single man who was known as Davey, had lived in the seaside town for 28 years.

The former shipyard worker was a well-known glass collector at local pubs and was nicknamed Wee Horse by his friends. When Blackley was arrested he told officers: "He is my mate. I have not hurt him."

Blackley claimed he had no memory of the attack. He told a psychiatrist he was drinking more than 100 cans of strong lager a week at the time and his recollection of the night of the fatal attack was a "blur." He could not give an reason why he had killed Mr Wilson. Blackley claimed he had started drinking heavily at 18 and had suffered from alcohol amnesia when he had black-outs and could not recall events.

The prosecution claimed Blackley had a violent history and had become increasingly aggressive in the months leading up to the killing. The court heard from witnesses who told how they were victims of unprovoked attacks by Blackley, who left them bleeding and battered.

After the hearing Detective Inspector Jeff Riley said: "My thoughts are with the family of David Wilson. Darren Blackley has been convicted of his unlawful killing but we will never know what exactly caused Blackley to attack him in the way he did that night in Worthing.

"But he is a dangerous man and through the affects of alcohol took the life of another. He has been given an indeterminate sentence for the protection of the public."

Judge Brown passed an indeterminate sentence under public protection legislation. If the sentence had not been passed under the legislation he would have sentenced him to eight years, of which Blackley would normally have served half. The 16 months Blackley has spent on remand is subtracted from the figure, leaving him to serve two years and eight months behind bars before he is considered for parole.

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