Mum says son’s attacker should be given life sentence over Gosport beating

Portsmouth Crown Court

Thug is spared jail for headbutting boy in Burger King

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THIS photograph shows Andrew Toseland in the rehabilitation home he must now live in after he was brutally attacked by a teenager who received just 64 months in prison.

Now Mr Toseland’s mother, Nina, 79, has told The News she is pleased her son’s attacker, Samuel Armstrong, 19, will have his sentence reviewed by three judges at the Court of Appeal.

CRIME Andrew Toseland as he is today

CRIME Andrew Toseland as he is today

Mrs Toseland said she was ‘disgusted’ by the jail term and wants to see it changed to life, or at least doubled.

As reported, the Attorney General reviewed the case and sent it to the Court of Appeal as ‘unduly lenient.’

Yesterday the Solicitor General said the sentencing of Gosport attacker was a ‘gross error’.

Mrs Toseland still lives in the flat at Garland Court, Forton Road, in Gosport, where the attack happened in August last year.

MOTHER Nina Toseland

MOTHER Nina Toseland

She said friends and family have all agreed Armstrong’s sentence was not adequate and should be increased.

She said: ‘I was disgusted, really upset, I want at least double that because it’s far too lenient.

‘Anybody who does that to somebody deserves life. We haven’t got Andrew, he’s not Andrew.

‘He’s got no life. He knows us all but he doesn’t remember things that have happened half an hour before.’

Mr Toseland was induced into a coma following the attack and can now barely walk. He is now living at Peartree House Rehabilitation Centre, in Bitterne.

As reported, Gosport’s MP Caroline Dinenage wrote to the Attorney General in September asking for the sentence to be looked at again.

It came after a court heard how Armstrong, of Sherwood Road, Gosport led the beating.

Mr Toseland and his brother Robert Toseland had asked some rowdy teenagers to be quiet shortly after midnight on August 25 last year

Armstrong had a skirmish with the Toseland brothers on the eighth floor and went downstairs to get help.

Brandon Fisher, 19, of Old Road, Gosport, was jailed for 27 months after admitting unlawful wounding on the basis he had a subordinate role in the vicious attack.

Armstrong pleaded guilty to GBH with intent.

Mrs Toseland told how she saw Andrew’s body after the attack – an attack he cannot remember.

She said: ‘I went to the front door and my other son Robert said: “don’t go in there, Andrew’s in a bad way, call the police and an ambulance.”

‘I saw him – he was making a horrible noise, they broke his nose.

‘He had no defensive marks on him.’

Armstrong had stamped on Mr Toseland’s head between 10 and 15 times during the attack, while Fisher held his brother back.

Michelle Yates, 50, is Andrew’s twin sister.

She said she fears that Armstrong will not serve the entire length of any sentence, even if it is increased.

She said: ‘Ultimately it makes no difference to the circumstances that we’re left in.

‘Andy potentially has another 20 to 30 years, both myself and my husband Steve have taken on the role of attorney for him.

‘It’s left us in the position of being ultimately responsible for his care for however long he lives.’