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Asbo OAP gets jail term reduced Asbo OAP gets jail term reduced
(40 minutes later)
An 81-year-old woman once described by a judge as "the original neighbour from hell" has had her prison sentence reduced by two months.An 81-year-old woman once described by a judge as "the original neighbour from hell" has had her prison sentence reduced by two months.
Dorothy Evans, from Abergavenny, Monmouthshire was jailed for six months for harassment and breaching her Asbo.Dorothy Evans, from Abergavenny, Monmouthshire was jailed for six months for harassment and breaching her Asbo.
While agreeing to cut her sentence, two judges at London's Criminal Appeal Court refused to free her immediately.While agreeing to cut her sentence, two judges at London's Criminal Appeal Court refused to free her immediately.
She was in a wheelchair with a plaster over her right eye, and the court was told she had been attacked in prison.She was in a wheelchair with a plaster over her right eye, and the court was told she had been attacked in prison.
Mr Justice Underhill said: "Old age is not a licence to disregard the law." The pensioner appeared in court smartly dressed in a bright pink suit and white sun hat, and listened to her case through headphones provided for the hard of hearing.
She was smartly dressed in a bright pink suit and white sun hat, and listened to her case intently through headphones provided for the hard of hearing. Old age is not a licence to disregard the law Mr Justice Underhill
Mr Justice Underhill, sitting with Mr Justice Gross, said she had put her "thoroughly decent" neighbours, Angela and Roberto Casa, under "huge pressure and strain". David Watson, for Evans, told the court she had suffered the "bleeding injury" when another prisoner at Gloucestershire's Eastwood Park Prison had "burst" into a corridor as Evans returned from the prison's medical centre.
The judge said she had shown not an ounce of sympathy for them, nor had she expressed any regret. Mr Watson told the judges "frail and vulnerable" Evans was "desperately frightened" in prison.
Sentencing her last month, Judge Roderick Denyer QC told her: "It seems to me, despite your age and despite your infirmities, you have deliberately, for a period going on for 10 years, made life a misery for neighbours. Mr Justice Underhill said he accepted the pensioner was "particularly vulnerable" because of her age and poor health.
"In my view, the consequences of your behaviour must be brought home to you." Exceptional case
During the trial Mr and Mrs Casa described several neighbourly disputes with her, including rows over parking and flooding problems. But he said Evans had put her "thoroughly decent" neighbours, Angela and Roberto Casa, under "huge pressure and strain", and had not shown them an ounce of sympathy, or expressed any regret.
"Old age is not a licence to disregard the law," he said.
Mr Justice Underhill said it was only in the most exceptional cases that the court would jail people in their 80s.
However, when Evans was given the opportunity to stop harassing her neighbours, she had missed an interview with a probation officer, and had instead travelled to America for a week to visit her friend.
That behaviour had given Judge Roderick Denyer QC almost no choice but to send her to prison for her flagrant defiance, said Mr Justice Underhill.
But taking into account Evans' age, and the effect the "clang of the prison gates" had already had on her, he said he was prepared to shorten her sentence.
Angela Casa said she would rather see Evans in hospitalAngela Casa said she would rather see Evans in hospital
During the trial Mr and Mrs Casa described several neighbourly disputes with her, including rows over parking and flooding problems.
A jury heard how Evans had accused Mrs Casa of being a prostitute and hit her with her walking stick.A jury heard how Evans had accused Mrs Casa of being a prostitute and hit her with her walking stick.
She also told Mrs Casa's 13-year-old daughter she was a witch and that she would kill her dog.She also told Mrs Casa's 13-year-old daughter she was a witch and that she would kill her dog.
Sentencing her last month, Judge Denyer told her: "It seems to me, despite your age and despite your infirmities, you have deliberately, for a period going on for 10 years, made life a misery for neighbours."
However, Mrs Casa told BBC Wales after the case she would rather her neighbour Evans was in hospital rather than prison because of her age.However, Mrs Casa told BBC Wales after the case she would rather her neighbour Evans was in hospital rather than prison because of her age.
Arrest warrantArrest warrant
Before she was sentenced by Judge Denyer, Evans failed to appear in court on 16 April.Before she was sentenced by Judge Denyer, Evans failed to appear in court on 16 April.
The court heard she was being examined in hospital after feeling unwell.The court heard she was being examined in hospital after feeling unwell.
However Judge Denyer said the pensioner was "deliberately frustrating the processes" of the court. However Judge Denyer said the pensioner was "deliberately frustrating the processes" of the court, and threatened an arrest warrant unless she turned up in court the following day.
He threatened an arrest warrant unless Evans turned up in court the following day. Evans was originally told she must serve at least three months of her six-month sentence.
Evans was originally told she must serve at least three months of her six-month sentence, which was imposed on 17 April. The latest ruling means she still has weeks to serve before she is given the chance of early release on electronic tagging.
She is serving her sentence at Eastwood Park women's prison in Gloucestershire.