A THUG who carried out a brutal and unprovoked attack on an innocent passer-by in a York street has failed in an Appeal Court bid to cut his nine-year jail term.

Richard Sampson, 24, of Cranfield Place, Foxwood, York, was jailed at York Crown Court in January after he pleaded guilty to causing grievous bodily harm and a further count of burglary.

Mr Justice Holland, sitting with Mr Justice Colman at London's Appeal Court yesterday, refused to cut the sentence, dismissing arguments that it was "manifestly excessive".

The judge said the attack took place on the evening of July 5 last year as the victim, Ian Thornton, was walking through York after a night out.

As he indulged in some "horseplay" by the side of the road, Sampson launched an unprovoked attack.

He first punched the terrified victim to the ground before repeatedly jumping up and down on his legs. The attack left the victim so severely injured that he at one stage he feared his foot may have to be amputated.

The burglary was committed later the same month, when Sampson forced his way into a house via some French doors at the rear of the property. He made off with car keys and £227 in cash.

Lawyers for Sampson argued that the "totality" of the sentence was "manifestly excessive". But Mr Justice Holland said the judges had concluded on the facts of the case that this was not so, adding: "The pain caused by the attack must have been immeasurable."

In January, the Evening Press reported that at one stage Mr Thornton feared he might lose his foot due to septicaemia.

Updated: 08:54 Saturday, June 12, 2004