Summary:

Paragraphs six through nine read:  "The appeal court heard Moya suffered from a number of medical conditions, including anxiety, depression and a personality disorder."

After his fit of rage in October 2008, it took three doctors to hold Moya down, before police arrived to arrest him.

Mr Justice Davis, giving his judgement on the appeal, said Moya claimed not to have taken his medication at the time of the attack and claimed this had contributed to his loss of control.

But the judge concluded: "This was a serious matter involving quite a lengthy assault on one doctor and an assault on another doctor.

http://www.thisissussex.co.uk/crawley/news/Elderly-man-bit-doctor-stay-jail/article-1378968-detail/article.html

Elderly man who bit doctor must stay in jail

Thursday, October 01, 2009, 07:00

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A PENSIONER who bit his doctor and punched him in the face in front of "scared" patients will have to serve a year behind bars.

Gabriel Moya, 69, flew into a rage at a receptionist at Gossops Green Surgery, when she handed him a prescription he thought was incomplete.

Moya, who has had heart surgery in the past, was told to calm down by a doctor but lashed out, punching him twice in the face and biting him on the arm as he was pinned to the floor.

The pensioner, of Woldhurstlea Close, Gossops Green, was jailed after admitting an assault charge at a court hearing earlier this year, but he appealed his sentence.

However, the Court of Appeal has now ruled that Moya must serve his 12-month jail term.

The appeal court heard Moya suffered from a number of medical conditions, including anxiety, depression and a personality disorder.

After his fit of rage in October 2008, it took three doctors to hold Moya down, before police arrived to arrest him.

Mr Justice Davis, giving his judgement on the appeal, said Moya claimed not to have taken his medication at the time of the attack and claimed this had contributed to his loss of control.

But the judge concluded: "This was a serious matter involving quite a lengthy assault on one doctor and an assault on another doctor.

"The first doctor was bitten as well as punched. Those in the waiting room were scared.

"Doctors and medical staff need to be protected from unwarranted attacks of this kind.

"We are not persuaded that it can be said that this sentence was excessive."

Moya pleaded guilty to assault occasioning actual bodily harm and common assault at Lewes Crown Court in April, where he was handed a 12-month jail term.

The appeal hearing took place on Monday.