A four-year sentence given to a man for the manslaughter of an Asperger’s sufferer in an unprovoked attack was not unduly lenient, leading judges have ruled.
Andrew Young, 40, died after being punched once by Lewis Gill in Bournemouth on November 6, last year.
His sentence, imposed in February at Salisbury Crown Court, was referred to the Court of Appeal by Attorney General Dominic Grieve, who argued that it was not a proper reflection of the gravity of what Gill did.
But three judges in London decided there should not be any change to the four years being served by Gill, 21, of Sutton in south London, who admitted manslaughter.
The incident happened outside a Tesco Metro store after the victim had challenged a cyclist who was riding his bike on the pavement.
Graphic design student Gill, described as a “powerfully built young man” who had previously trained as a boxer, punched Mr Young in the face, causing him to fall backwards, hitting his head.
He suffered a fractured skull and died the next day in Southampton Hospital.
Lord Justice Treacy, announcing the decision of the court, said: “We have concluded that the sentence imposed below is not one which can be described as unduly lenient.
“Indeed, it seems to us that the sentence imposed was one within the reasonable range available to the trial judge, properly weighing the relevant factors and the guidance of this court.”
In February, Gill was given a further six months – three for handling stolen goods and another three for committing an offence during the operational period of a suspended sentence.