Man who threatened to kill ex loses sentence appeal
A 'dangerous' criminal who threatened to kill his ex-girlfriend while behind bars deserved his tough jail term, judges have ruled.
Ashley Lovatt, 22, was in custody at Staffordshire's HMP Brinsford when he made the threat, London's Appeal Court heard.
He was locked up for four years at Stafford Crown Court in October last year after admitting making a threat to kill.
Condemned as a dangerous offender, Lovatt was also ordered to serve an extra four years on licence after his release.
Lawyers for Lovatt had argued in the Appeal Court that his jail term was far too tough and should be reduced – but top judges this week ruled it was 'not manifestly excessive'.
Lovatt, of no fixed abode, and his former partner were in a relationship until February 2015, according to Mr Justice Teare.
It ended when Lovatt head-butted her and punched her repeatedly, before picking up a wrench and threatening her with it.
He received a suspended sentence for that assault, as well as a restraining order.
While in Brinsford Prison in June last year, Lovatt received a letter from his sister saying his ex-girlfriend had been trying to contact her on Facebook.
Lovatt believed she was 'trying to get him stitched-up and trying to get back with his family'.
And he told a prison officer: "I hate that f****** b****, she has destroyed my life, I am going to kill her."
The judge who jailed him was 'quite satisfied that the prison officer, in whose presence the threat to kill was made, was correct to believe Lovatt really did intend to carry out the threat'.
His lawyers did not challenge the finding of dangerousness, but argued that he never harboured a 'real and sustained intent to kill'.
Lovatt had been diagnosed with an emotionally unstable personality disorder, the court heard.
He was 'prone to oral explosions, rather than a man harbouring a genuine intention to commit an offence of homicide'.
But Mr Justice Teare, sitting with Judge Nicholas Dean QC, ruled: "We do not consider that the judge's views can be successfully challenged on this appeal.
"He had been violent to her in February 2015 and the threat for which he was sentenced was not an isolated threat.
"A custodial sentence of four years was not manifestly excessive." The appeal was dismissed.
