A TROUBLESOME Scarborough street drinker, jailed for flouting a ban to stop him being a public nuisance, has been told he cannot complain about his sentence.
David Robert Appleyard was slapped with an Anti-Social Behaviour Order after a number of public order incidents - including simulating sex with his girlfriend at a railway station - while in drink.
And, after he admitted breaching the terms of the order, the 45-year-old, of Westbourne Grove, was jailed for nine months at York Crown Court in August.
Appleyard had challenged his sentence at London’s Criminal Appeal Court.
However, his appeal was dismissed by top judges.
The court heard Appleyard was handed a two-year Anti-Social Behaviour Order - banning him from drinking, or having drink, in public places - in October 2009.
However, at about 1.50am on April 1 this year, a CCTV operator spotted him punch another man, and immediately called the police.
When officers found the victim, he said he had been asked for a cigarette by a man who then hit him,.
Police found Appleyard walking nearby shortly afterwards.
The court was told it was not the first time he had flouted the order.
Appleyard had been hit with a community order and £85 costs at Scarborough Magistrates’ Court in July for a previous breach.
Appleyard’s lawyers challenged his jail term, arguing it was “too long” for the offence of breaching an Anti-Social Behaviour Order.
But, dismissing his appeal, Mr Justice Royce said the sentence could not be criticised, in light of Appleyard’s “persistent offending.”