A FORMER soldier who stabbed three people in a knife attack outside a Burnley pub, has had his pleas for a lighter sentence thrown out by top judges.
Joseph Patrick Brogan (28) slashed at the backs of Paul Jackson and Jonathan Kingston and knifed Jordan Dobbie in the chest after a row in the Princess Royal in 2009.
Brogan, of Swanage Road, Burnley, was jailed for five years at Burnley Crown Court in May last year, after he admitted two counts of unlawful wounding, assault occasioning actual bodily harm, affray and possession of an offensive weapon.
And now three senior judges at London’s Court of Appeal have rejected Brogan’s plea that his sentence was too long, and upheld the five-year prison term.
Mr Justice Lindblom told the court a row erupted in the pub on the evening of August 30th, 2009, and Brogan produced a flick-knife with a four-inch blade as trouble spilled onto the street outside.
The judge said Brogan swung the knife at Mr Kingston as he tried to get away, causing him a two-and-a-half centimetre wound. He then slashed at the back of Mr Jackson causing him a punctured and partially collapsed lung.
When their friend, Mr Dobbie, tried to get his friends away from the melee, Brogan stabbed him too, leaving him with a wound to his chest.
Mr Jackson, a soldier on leave from Afghanistan, needed three days in hospital and had fluid drained from his lung. He was put on light duties when he returned to the Army. Mr Kingston also missed work because of his injuries.
But lawyers for Brogan said the sentencing judge had over-estimated the seriousness of his crimes, and claimed he should have been given a shorter sentence.
Mr Justice Lindblom, sitting with Lord Justice Laws and Mr Justice Simon, rejected those claims and threw out the appeal.
He said: “This was on any view a nasty episode of violence in a public place. It involved separate assaults on three victims which appear to be largely unprovoked.
“In our judgement the judge’s total sentence of five years for these five offences cannot be faulted and, for those reasons, the appeal is dismissed.”