A woman and her 15-year-old brother were beaten and partially pulled from their car in Aberdare in what was described as a 'drug deal gone wrong' and a case of mistaken identity.
The victims were lured to a stop by a woman who approached their car window before two men followed and began attacking them. Karl Francis, 28, Lucille O'Shea, 41, and another man were involved in the attempted robbery on March 11 after planning to rob a drug dealer they had been in contact with, but they mistakenly attacked the two victims who were not in possession of any drugs.
Court Hearing Details
At a sentencing hearing at Cardiff Crown Court on Wednesday, it was heard that the female victim was driving through Brynhyfryd in Cwmaman at around 9.30pm with her 15-year-old brother in the passenger seat. They approached a stationary black Audi in the middle of the road, which caused the victim to stop her vehicle.
Prosecutor Anisha Rai said two men and a woman got out of the Audi and approached the victim's car. O'Shea approached the car window. The victim rolled down her window to speak, but O'Shea stepped away and the taller of the two men stepped forward, punching the victim in the face and right shoulder while shouting 'Give us the stuff.'
The man tried to remove the key from the ignition to trap the victims inside, then reached over and punched the 15-year-old boy. The door was opened and Francis went to the passenger side, punching the 15-year-old and attempting to pull him out of the car by his legs. The taller man joined the assault before saying 'I've got it.' The two men then left, got into the Audi and drove away.
The victims could not see anything that had been taken, but one of the men had a piece of paper in his hand. The female victim suffered bruising to her right arm, and the teenager had a headache, soreness at the back of his head, a cut to his right hand, and soreness to his left shoulder and side of his face.
Defendants' Background and Sentencing
The defendants were later recognised on CCTV footage and arrested. Francis told officers: 'It was Jack, he made us do it.' Judge Vanessa Francis said: 'This must have been an utterly terrifying experience for two young people who had never met any of you before in their lives and were clearly being attacked because this was mistaken identity.... It was an utterly shameful and shocking act.'
It later transpired that partners Francis and O'Shea and the third robber had planned to rob a drug dealer they had contacted prior to the assault. Francis and O'Shea, both of Cardiff Road, Aberaman, pleaded guilty to attempted robbery. The court heard Francis has 28 previous convictions and O'Shea has 13 previous convictions.
Victim Impact Statements
In a victim personal statement read to the court, the female victim said: 'Since the incident I have struggled to sleep and I suffer with nightmares and anxiety. I was too scared to drive for a month after the incident and I still won't go in the vicinity of the area where it happened alone as I have flashbacks and feel overwhelmed and anxious. I had bruising and pain to my back and I was unable to turn my head for a week. I stopped going to the gym and spending time with friends and family and I was unable to go to work. I'm still not back to where I was, I feel anxious in work someone might recognise me and cause problems.'
The teenage boy said: 'I was shaken up and upset in the aftermath in the days after the attack. It took days to mentally recover and I had trouble sleeping as the incident played over in my mind. I had no idea why these people attacked us.'
Mitigation and Sentence
In mitigation, Kathryn Lane, for Francis, asked the court to pass the shortest custodial sentence possible. Sali Harmes, for O'Shea, said her client did not fully understand what was going to happen when she was asked to approach the car window and when she realised what was happening she walked away. At the time of the assault O'Shea was addicted to crack cocaine, having begun misusing drugs at the age of 12, but has been drug free since her remand in prison.
Judge Vanessa Francis sentenced Francis to 39 months imprisonment and sentenced O'Shea to 18 months imprisonment suspended for two years. O'Shea was also ordered to carry out a 25-day rehabilitation activity requirement, a mental health treatment requirement of 12 months, and to pay compensation of £500. Both defendants were made subject to a restraining order for five years each to protect the victims.
