A COUPLE who took part in a "dreadful and frightening" brawl at a North Yorkshire social club, as dozens of horrified pensioners looked on, have failed in an Appeal Court bid to have their sentences cut.

Jason McIlwaine, of Nidd Vale Terrace, Harrogate, and Marie Joyce, of York Avenue, Jarrow, South Shields, were convicted of a variety of offences, including affray, at York Crown Court on June 12, 2001.

McIlwaine, aged 26, was given a total of 16 months while his 27-year-old lover got 21 months.

Three Appeal Court judges were told by Alex Bates and Fiona Dix-Dyer, representing the pair, that the sentences were "manifestly excessive". They also heard that Joyce has a nine-year-old daughter, and before her jail term was the sole carer for her elderly parents, who are incapacitated with physical illness.

But Mr Justice Penry-Davey, who heard the case with Lord Justice Tuckey and Judge Simon Fawcus, said he agreed with the original trial judge who described the brawl at Green Hammerton Social Club as "appalling, dreadful and frightening".

"The sentence on Joyce was severe, but this was a serious incident involving repeated violence and the sentence cannot be described as manifestly excessive," Mr Justice Penry Davey said. "We have come to the same conclusion on McIlwaine."

The judge said the brawl occurred on August 9, 2000, when the pair were refused entry with three other people to the Green Hammerton Social Club, a members' only club near York.

Joyce began arguing with members of staff and threw ashtrays at them before starting a fight. When McIlwaine came to her aid by throwing a punch at one of the men she was attacking, he was put in a headlock, and hit the man who restrained him.

When police arrived Joyce broke the window of a police car and spat and kicked a policeman before going back to the club and causing more trouble.

Earlier, Lord Justice Tuckey said the brawl had been conducted in front of a group of old people, including women.

"It was the kind of thing that would upset people like that very much indeed," he said.

Updated: 11:55 Wednesday, January 16, 2002