Two gang members who were jailed for life for the murder of a man who died after having ammonia thrown in his face have lost bids to appeal against their convictions and sentences. Youssef Wynne and Josh Hawthorn were sentenced in July 2024 for their roles in the murder of Andy Foster at his home in Wrekenton, Gateshead, the previous August.
Sentences and Background
Wynne, 42, was jailed for 33 years and Hawthorn, 24, for 22 years. The killing was the fourth in a series of ammonia attacks in 11 days in Gateshead and South Shields in August 2023, part of a violent campaign to control the local drugs trade. Mr Foster, 26, died following a severe respiratory attack after two other gang members, John Wandless and Kenneth Fawcett, entered his home and threw ammonia in his face. Wandless and Fawcett were also convicted of murder and sentenced to minimum terms of 31 and 32 years respectively.
Appeal Hearing and Dismissal
On Thursday, Wynne and Hawthorn sought to challenge their convictions as "unsafe" and the length of their minimum terms as "manifestly excessive" at the Court of Appeal. But in a ruling, Lord Justice Coulson, sitting with Mrs Justice Farbey and Judge Nigel Lickley KC, dismissed the appeal bids. None of the gang members gave evidence at their trial.
Wynne was convicted of the murder of Mr Foster, the robbery of cannabis edibles from his home, assaulting Mr Foster in an earlier incident, causing grievous bodily harm with intent and twice attempting to do so in relation to the other three ammonia attacks. Hawthorn was convicted of the murder of Mr Foster and the robbery of cannabis edibles from his home.
Judge's Remarks on Sentencing
Mr Justice Dove, who sentenced the pair alongside Wandless and Fawcett at Newcastle Crown Court, described Mr Foster as a "gentle, funny and caring partner and son" and said his death was "cruel and terrifying". He said the murder and other ammonia attacks were "intended to protect and enforce" the drug trading business led by Wynne, and were meant to "punish and discipline those who it was thought needed bringing into line or to be taught a lesson to protect the drug trade". While the victims of the first two attacks physically recovered, the judge noted that the victim of the third, Nicola Dixon, suffered "horrific and life-changing" injuries to her left eye, which had to be removed.
Arguments from Defence Counsel
On Thursday, Mark Fenhalls KC, for Hawthorn, told a hearing in London that his client’s conviction should be overturned as the murder case against him was "thin at best" and he was "lumped in with the others". He said: "Everything there is consistent with him being involved in low-level street dealing, but not with enforcement." The barrister also argued that Hawthorn's sentence should be reduced, stating that he "has effectively been given double his life already as a minimum term".
Timothy Cray KC, for Wynne, told the court that his client's conviction should be overturned and his sentence reduced, arguing that the judge was wrong to find that the offences were related to drug "taxing".
Court of Appeal Ruling
But Lord Justice Coulson said that Hawthorn was "directly involved" in the murder and there was a "rational and reasonable basis" for the jury to find him guilty. He found that it was not "arguable" that his sentence was too long. The senior judge also said that Wynne's convictions were "entirely safe" and that he was "wholly unsurprised by the jury's verdicts", adding that there was "no basis" on which to challenge them. He added that there could be "no criticism" of the 33-year minimum term and that it "could have been longer".
He stated that Mr Justice Dove's conclusion that Wynne's offending was linked to the "ruthless pursuit of his drugs business was a relatively obvious conclusion to reach". The Crown Prosecution Service was not represented at the hearing.
