A violent criminal given a five-year jail term for killing a man with a single blow to the chin on a summer afternoon while his victim's child looked on, today failed in a bid to get his sentence cut.
Delroy Hines, 37, admitted manslaughter after launching a "pre-emptive strike" on Marcus Hutton, 30, in Dudley, West Midlands, in July 2011 and was jailed by Judge John Warner at Wolverhampton Crown Court in December.
Hines - who had an "appalling" criminal record and "used violence" to "solve a problem" - had left the scene then returned a few minutes later to pick up his hat before making off again, the Court of Appeal in London heard.
Mr Hutton was walking home to his home in Dudley with his partner and nine-year-old daughter after a shopping trip - and took exception to Hines looking at his partner's bottom, judges were told. He collapsed after being punched and died later in hospital.
Barrister Toby Long, for Hines, told the appeal court his client attacked after Mr Hutton approached and stood "12 to 18 inches away".
"(Mr Hutton) used poor language and was aggressive in his tone," said Mr Long. "A 'pre-emptive strike' were the words Mr Hines used."
He argued that "a look" could be "sufficient in certain circumstances" to "precipitate the kind of behaviour which I have just referred to".
But appeal judges Lord Justice Elias, Mr Justice Eady and Judge Clement Goldstone QC dismissed the appeal and said Judge Warner had been justified in imposing a five-year term.
Judge Goldstone accepted Hines had shown "genuine remorse" but added: "He has, simply but unfortunately, an unhappy tendency to use violence as a way of solving a problem."