Man accused of attempted murder jailed for lesser charge after British police lost vital forensic evidence... and he could be freed within months

A man found guilty of a frenzied knife attack on his ex-girlfriend could be freed in months after investigators lost vital evidence which could have convicted him of attempted murder.

Michael Bennison, 29, could have faced life behind bars after stabbing the woman once in her side and five times in a broad daylight attack on a street in York.

But the charge of attempted murder would not stick after forensic teams misplaced DNA evidence from two knives.

As a result prosecutors were forced to accept the 28-year-old's plea to a lesser charge of unlawful wounding, which carries a maximum sentence of just five years.

Newcastle Crown Court heard that on December 14 last year Bennison, of no fixed address, was travelling in a car in York with the female victim, Amy Evans, 27, and another man.

Nick Adlington, prosecuting, said Bennison, of no fixed address had been in a volatile, on-off relationship with Miss Evans and an argument broke out in the car.

When they arrived at their destination they got out and Miss Evans produced a knife. But Bennison took the knife from her and stabbed her six times, once in the side and five times in the back.

He then ran off down an alleyway and went into hiding before he was found two days later.

Describing how the evidence came to be lost by North Yorkshire Police, Mr Adlington said: 'The swabs went missing from the forensic science service in York. I have been told there has been a full internal review.'

Mr Adlington said as well as the lost evidence, the attempted murder trial faced other problems, including the refusal of an expert witness to come to court.

Jailing Bennison, who has previous convictions for domestic violence on different partners, for a total of four years, Mr Justice Bennison told him he posed a high risk to all women.

After already spending a year behind bars on remand, Bennison could be eligible for parole within just 12 months.

The judge said: 'Originally you faced a charge of attempted murder but because vital evidence had been lost a plea to section 20 was accepted.

'You pose a high risk of harm to the victim and to all women. There is clearly a significant risk to female members of the public. 'There was an intention to commit serious harm.'

The sentence also included a guilty plea for assaulting a man outside a flat in November last year after they got into an argument over noise.

After falling to the floor, the victim was kicked in the head by Bennison before he jumped with both feet onto his back.

The court heard that he had 14 previous appearances at court for 27 offences, that included battery and affray.

John Gregg, defending, said Bennison had 'wrestled with his own demons', which included drug abuse, but that he has made progress in prison.

Original report here

　

　

　

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