A MAN who attacked his ex-partner's boyfriend with an axe failed to have his conviction quashed at London's Appeal Court.
Paul Goodall, 29, of Spencer Street, Castle, Northwich, appeared in Chester Crown Court in March and was jailed for 18 months after being convicted of unlawfully wounding Oliver Johnson.
Lord Justice Rix, sitting with Mr Justice McCombe and Judge Peter Fox at the Appeal Court, this week dismissed arguments Goodall's conviction was 'unsafe' due to defects in the trial judge's summing-up.
He said on November 9 last year Goodall's ex-partner Samantha Bird and her new boyfriend, Oliver Johnson, had been looking after Goodall and Miss Bird's children.
However, 'as a result of some difficulties' the two children were upset when they returned home to Goodall and their stepmother later that day.
Miss Bird decided to go round to Goodall's house with Mr Johnson and his brother, Rhodri. When they arrived at Goodall's home, an argument broke out between the groups, and Goodall returned with an axe.
The situation erupted into a scuffle, in which Rhodri Johnson received 11 wounds, which the judge described as 'scratches'.
However, in the course of trying to protect his brother, Oliver received a wound of 'a completely different order', when the axe caught him a blow to the arm, leaving him with 'a gaping wound'.
Lawyers on behalf of Goodall argued the conviction was 'unsafe' as the trial judge had not properly addressed the issue of intent.
Lord Justice Rix agreed 'in the circumstances' the trial judge should have given the jury a fuller definition of the offence.
But, dismissing the appeal, he said: 'However, there was no harm done in this case, and this could not be described as a defective direction - let alone a verdict that could be considered unsafe.'