Jail sentence upheld for taxi rank attack

A man who was under the influence of magic mushrooms when he knocked a claimed queue-jumper unconscious did not receive a day too long in jail top judges have ruled.

Robert Nicholas Aikman, 37, of Crowborough Road, Hastings, was jailed for three years at Lewes Crown Court in February after pleading guilty to a string of offences.

They were assault occasioning actual bodily harm, possessing a prohibited weapon - a knuckle duster - in a public place, having two firearms and ammunition when prohibited from doing so, cultivating cannabis and possessing that drug and amphetamine.

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London's Criminal Appeal Court on Monday refused to grant him permission to challenge his sentence, rejecting claims the 18 months for the gun possession was "manifestly excessive".

Sir Edwin Jowitt, sitting with Lord Justice Rose and Mr Justice Treacy, said whether or not that term could have been made less, Aikman could not have complained if he got a longer sentence for the serious assault.

He also noted the knuckle duster term could have been consecutive, rather than concurrent, given his previous record for carrying offensive weapons.

And, the sentence for cultivating cannabis could also have been made consecutive.

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"We are driven to the conclusion, the overall sentence was not a day too long," ruled the judge.

In the early hours of October 17 last year, Aikman - who had consumed magic mushrooms - was waiting for a taxi in Hastings.

He abused his victim, whom he said had tried to jump the queue. He then "very heavily" punched him on the right side of his face.

The victim fell to the ground striking his head and losing consciousness.

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When arrested, Aikman was found to have the knuckle duster. He told police Hastings was a dangerous place and he carried the weapon for protection.

When his home was searched, police found two .22 air rifles with telescopic sights, a cannabis plant and the other drug.

Having been to prison before Aikman was banned from possessing firearms, but he told police he had not realised air rifles came into that category.

Sir Edwin said Aikman had many previous convictions going back some time, including offences relating to possessing offensive weapons and violence.

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