A man who punched and stamped on an innocent man in a Croydon fast food joint brawl has failed in a bid to cut his sentence on appeal.

Christopher Latham, 20, was convicted of causing grievous bodily harm at Croydon Crown Court in May 2007 and sentenced to seven years' detention in a young offender's institution.

However, his lawyers argued yesterday today that his sentence was 'manifestly excessive' because the injuries caused to his victim were 'serious but not excessively serious' and that the term passed on his co-accused, David Kenny, was considerably lighter, despite his previous criminal record.

Kenny, 21, admitted causing grievous bodily harm in October 2007 and was sentenced to three and a half years detention at Lewes Crown Court in November.

Judge Brian Barker told the Appeal Court the incident unfolded in February 2006 in Croydon. Ashley Masimbe, who had been out with a group of friends, was in a fast food shop at the same time as Latham and Kenny.

The judge said it was apparent Latham, of Knightsbridge, West London, was 'looking for trouble' and, during a discussion between Mr Masimbe and his friends about their night, Latham got involved 'for no apparent reason'.

"The victim was knocked to the ground," he said. "When he was on the ground, he was punched, kicked and stamped on by Latham, and Kenny joined in."

The victim suffered three fractures to his lower jaw, and swellings, cuts and bruises to his face and body.

"The attack had a significant effect on the victim, both physicaly and mentally," he added.

He said that the whole incident was captured on CCTV.

Refusing the appeal, Judge Barker said: "This was a mindless attack carried out at night. Latham was in drink and this sort of thing is, sadly, all too common."

The judge was clear that there should be a distinction between the two, and Latham was unable to claim the benefit of pleading guilty.

He added: "In our view the judge was right and his assessment cannot be criticised."