A MAN from Rhyl who was jailed after spitting at a policeman in Colwyn Bay has had an appeal for a reduction to his prison sentence rejected.

David Evans, 31, of Sandringham Avenue, was handed a 12-week concurrent prison sentence last month for both this offence and for possessing a knuckle duster in public on the same night.

This was ordered to run consecutively to the three-year prison sentence Evans had been serving since last July for cultivation of cannabis.

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Despite losing an appeal for a reduced sentence, Evans had the costs imposed on him following his sentencing revoked.

At Caernarfon Crown Court today (January 13), Karl Scholz, prosecuting, told of how, some time after 1am on May 2, 2021, a police officer stopped a vehicle approaching Colwyn Bay railway station.

There were two people in the vehicle – the driver, who was suspected to be drug-driving, and Evans – both of whom were told to remain where they were when the vehicle was stopped to be searched.

But Evans immediately ran away, and was joined by another man who had not been in the vehicle, but was waiting for them at the railway station.

They jumped over a wall onto the station, ran along the platform, jumped over another fence into a hedge, and continued to try to make an escape.

Police constable Boyce became aware, via radio message, of this chase, and was searching for Evans with his torch.

Another officer brought Evans to the floor to detain him, before PC Boyce came onto the scene, with Evans refusing to let go of a small black bag he was holding.

Scholz said Evans was “shouting and swearing throughout”, before PC Boyce used a defence spray against Evans, which had the desired effect.

Evans was handcuffed, and brought to his feet to be taken to a nearby vehicle.

Asked if he could spit, an officer said he could, so he leant down to spit on the floor, before standing up again and spitting into PC Boyce’s face.

PC Boyce’s immediate reaction was pain in his right eye, as part of the spray was in his spit.

Evans was also found to have an offensive weapon, the knuckle duster, on his person.

On December 6, 2022, he was handed a 12-week concurrent sentence – 12 weeks for assaulting an emergency worker, and eight weeks for possession of the knuckle duster.

Costs of £300 to the Crown Prosecution Service, and £200 in compensation, were also imposed.

Defending, Sarah Yates said that Evans, unemployed, had been in receipt of benefits before being jailed for cannabis cultivation last July.

She conceded that there must be an uplift to Evans’ sentence for assaulting an emergency worker, but added that 12 weeks’ imprisonment, consecutive to his three-year sentence, was “excessive”.

Yates added that Evans, who was on bail when he committed both offences in May 2021, had no previous convictions for weapons-related offences, and little in the way of assault, either.

Indeed, most of Evans’ previous convictions, she said, were drugs-related, and she encouraged the issuing of a community order.

Despite this, Recorder Wyn Lloyd Jones refused a reduction to Evans’ prison sentence, but waived the costs previously issued to him.

He described Evans’ assault as “thoroughly disgusting”, and the knuckle duster as a “particularly serious” weapon; albeit there was no evidence it was used during the incident in question.

Lloyd Jones also referred to Evans’ “terrible record”, having served previous prison sentences, the longest of which was three years and eight months for a drugs matter.

He said he was: “Of the firm view, without hesitation, (that it) must run consecutively to the three-year sentence (Evans is) currently serving.

“Everything that could have been said was said by Ms Yates on your behalf, but your appeal is only allowed to that limited extent (waiving of costs).”