A MAN who launched an unprovoked late-night attack, involving "mindless violence", on two brothers outside a pizza shop has failed to win a cut in his jail term.
Joseph Smith, 21, of Watery Lane, Stourport, was jailed for two years three months at Worcester Crown Court in March, after pleading guilty to affray and damaging property.
London's Criminal Appeal Court on Tuesday refused to cut his term, rejecting claims it was "manifestly excessive", particularly because of his young age.
"In our judgment, this was an extremely serious incident of violence, committed without provocation on two young men who were doing no more than going about their business," said Mr Justice Leveson, sitting with Lord Justice Gage and Mr Justice Nelson.
"It is beyond argument, these offences, fuelled by drink, represented violence in public of a type which is simply unacceptable."
He said the facts revealed a "disurbing picture of what can only be described as mindless violence".
Late on May 26 last year, John and Francis Doe had been waiting for a pizza when they noticed Smith - who had been drinking at a pub - standing in front of their car.
He had shouted at one brother to come over and, although the offer was declined, he continued shouting.
Smith came right up to one of them, who said he was not interested and did not want any trouble but, as the brothers started to get into the car, Smith punched one of them.
He continued to deliver blows and also bit him, before attacking the other brother, who tried to help his sibling.
When they finally managed to get into their car, Smith kicked at it, damaging the door and then smashed a window, causing £1,500 worth of damage.
The brothers were treated at hospital for bruises and bites marks, photos of which showed "unpleasant injuries", Mr Justice Leveson said.
He noted Smith, whose previous convictions included assault occasioning actual bodily harm, blamed the offences on drink.
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