A decorator who fatally stabbed a man in the street after a row over vandalised cars and a smashed flat window has failed to get a cut in his eight-year jail term.
Derry-Jay Charles Davis, 22, of Hillside, Moulsecoomb, Brighton, was found guilty at Lewes Crown Court in December of the manslaughter of Daniel Collard. He was acquitted of murder.
He was also convicted of attempting to cause Thomas Wright grievous bodily harm.
His co-accused and the man Davis was visiting on the fatal night, Lee Smith, of Springfield Road, Brighton, was acquitted of murder on the direction of the trial judge.
The Criminal Appeal Court in London yesterday refused Davis permission to challenge his sentence, rejecting claims it was "manifestly excessive."
Mr Justice Nelson, sitting with Lord Justice Mantell and Mr Justice Jack, said a stiff sentence was needed to reflect the "public horror" of the use of such a lethal weapon to produce "a tragic result."
On the evening of March 22, 2003, Mr Collard, 20, and friends, had been drinking at a pub and were walking along a street near Mr Smith's address.
Mr Justice Nelson said the friends were "rowdy" and vandalised some cars, including Davis', as they walked along.
Mr Smith's door was banged on after it was mistakenly believed he had a missing mobile phone and a glass window above the door was smashed.
The judge said Davis and Mr Smith then came outside and, during the ensuing altercation, Davis produced a knife and Mr Collard was fatally stabbed.
Mr Justice Nelson accepted there was a distinction between a person who went out for the night with a knife and Davis, who responded to a specific event.
But, he said, the sentencing judge, who heard the evidence and was in the best position to come to conclusions, decided Davis armed himself with the knife and went out to teach the culprit a lesson, contemplating the use of the knife.
Mr Justice Nelson said there was no doubt about the seriousness of Davis' conduct but noted he was undoubtedly provoked by the events.
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