A MARTIAL arts enthusiast who killed a father-of-four after a row at New Year's Day party has failed in an appeal against his murder conviction.
Jason Halling broke 47-year-old Kevin Smith’s jaw with a barrage of punches at a function at a golf club, and he died two days later from his injuries in hospital.
Halling, 30, of Firs Orchard, Bromyard, Herefordshire, was convicted of murder in January last year at Worcester Crown Court. He was handed a life sentence and told to serve a minimum of 11 years.
Today he asked Lady Justice Rafferty, Mrs Justice Cox and Mr Justice Supperstone, sitting at London's Criminal Appeal Court, to overturn his conviction.
The court heard Halling and his victim clashed at Sapey Golf Club, on New Year’s Day, 2010.
Mr Smith's death was caused by "rotational force", resulting from the blows to his head severing blood vessels at the base of his skull, with the bleeding exerting fatal pressure on his brain.
The sentencing judge described the case as a tragedy for both Mr Smith's family and Halling, who he accepted had not set out with an intention to kill, but had "reacted in a wholly disproportionate way" to the situation.
Halling's lawyers today criticised the summing up that the trial judge gave to the jury, claiming it gave them an unfair impression of how they should decide whether he could validly plead self defence.
But Lady Justice Rafferty dismissed his application for permission to appeal saying: "The judge, in the summing up, included carefully structured directions and a well analysed assessment of the facts.
"We have no doubt that the position was effectively before the jury. This application is dismissed."
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