A URANGAN man who was violently bashed at a Brisbane hotel for being "too old" has expressed his disappointment after Queensland's highest court refused an appeal to increase the jail sentence of the man who assaulted him.
Graham Law and his brother-in-law Terry White were king hit and then kicked in the head as they lay on the ground on July 1 last year after having a meal in a pub.
Mr Law was in Brisbane for cancer treatment and his brother-in-law had accompanied him.
The Court of Appeal in Brisbane dismissed Attorney-General Jarrod Bleijie's application to increase the four-and-a-half year jail term given to Dylan Bradley Castle for the vicious assault, despite finding that Castle's sentence "might be regarded as relatively lenient".
However the court ruled the sentence was not "manifestly inadequate".
Justice Hugh Fraser described the assaults, which have haunted the victims and left them frightened to be in public, as "less serious" in a Court of Appeal judgment handed down on Friday.
"The respondent committed ... did not use a weapon, and the complainants' injuries were fortunately much less serious than those which have been seen in many other cases," he said.
The ruling means Castle will be eligible for parole in January after serving 18 months in jail - one third of his sentence.
Mr Law still hasn't watched the all the footage of the attack, which was captured on CCTV.
"Police said I wouldn't want to see it," he said.
But Mr Law has seen the part where Castle returned after the prolonged attack to kick him in the head one more time.
"I was getting used as a soccer ball," Mr Law said.
"He is a gutless coward."
Castle - who prosecutors said was heavily affected by drugs and alcohol at the time - had approached the two men at the hotel earlier in the evening and told them they were "too old to be here".
Mr Law replied that he didn't think so and walked away, never expecting the assault that would follow a couple of hours later.
Mr Law said his brother-in-law still had nightmares about the night they were attacked and he still suffered dizziness as a result of being kicked in the head.
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