Judges today ruled that a four-year sentence given to a man who killed an Asperger’s sufferer with one-punch in an unprovoked attack was not unduly lenient.

Andrew Young, 40, died after being punched once by Lewis Gill in Bournemouth in November last year.

His sentence, imposed in February at Salisbury Crown Court, was referred to the Court of Appeal by Attorney General Dominic Grieve, who argued today that it was not a proper reflection of the gravity of what Gill did.

But three judges in London decided there should not be any change to the four years being served by Gill, 21, of Sutton in south London, who admitted manslaughter.

The incident happened outside a Tesco Metro store in Charminster Road after the victim had challenged a cyclist who was riding his bike on the pavement.

Graphic design student Gill, described as a “powerfully built young man” who had previously trained as a boxer, punched Mr Young in the face, causing him to fall backwards, hitting his head.

He suffered a fractured skull and died the next day in Southampton Hospital.

Lord Justice Treacy, announcing the decision of the court, said: “We have concluded that the sentence imposed below is not one which can be described as unduly lenient.

“Indeed, it seems to us that the sentence imposed was one within the reasonable range available to the trial judge, properly weighing the relevant factors and the guidance of this court.”

In February, Gill was given a further six months – three for handling stolen goods and another three for committing an offence during the operational period of a suspended sentence.

Lord Justice Treacy said: “We readily understand that this is the sort of case that arouses public concern.

“If there are public concerns going beyond this case then it may well be appropriate for the wider issue to be the subject of detailed consideration and consultation by the Sentencing Council in the future.

“It is open to the Secretary of State for Justice or other interested bodies to invite the Sentencing Council to do so.”

During the hearing, Mr Grieve outlined a number of “aggravating factors” in the case.

He said the victim was vulnerable because he suffered from Asperger’s syndrome, telling the court: “It is accepted that the offender had no means of knowing the detail of the victim’s condition, but it was clear from the victim’s unusual behaviour, as seen on the CCTV, that he was vulnerable.”

The punch was delivered with deliberation in a place where a “great many” members of the public were present.

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This is the shocking moment a pedestrian was killed by a single punch after he got into a row about cycling on the pavement.

Andrew Young, 40, became involved in an argument with cyclist Victor Ibitoye after he told him that cycling on the pavement was dangerous.

The cyclist rode off but moments later his friend, Lewis Gill, approached Mr Young, who suffered from Asperger’s Syndrome, and punched him in the face without provocation.

CCTV footage shows Mr Young falling backwards and striking his head on the road surface.

Gill, 20, can then be seen to walk away after looking back to see his victim lying motionless on the ground.

The attack took place in a busy shopping area of Bournemouth, Dorset, and several passersby rushed to Mr Young’s aid.

He was rushed to hospital where he died the following day from head injuries with his mother at his bedside.

Gill pleaded guilty to a charge of manslaughter and was jailed for four-and-a-half years.

After the hearing, Mr Young’s mother Pamela described the sentence as a ‘joke’.

The incident took place at 4.25pm on November 6 last year outside a Tesco Express in Charminster, Bournemouth.

Mr Young was said to be able to speak several languages but had the social skills of a 14-year-old due to his condition.

The court heard Mr Young told Mr Ibitoye during the argument that riding his bike on the pavement was a ‘dangerous activity’.

Mrs Young said: ‘He was very particular because of his Asperger’s and he wouldn’t have liked seeing someone riding a bicycle on the pavement because it was dangerous.’

After the brief argument Mr Ibitoye cycled away from Mr Young and apparently had no idea what Gill was about to do.

Kerry Maylin, prosecuting, said: ‘The defendant claims he was worried about Andrew Young because he thought he was being menacing.

‘He said Andrew Young put his hand to his pocket and he thought he was going to pull out a knife or a gun.’

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