Three York men jailed for a vicious attack that left a pubgoer with head injuries have had their sentences cut by the Court of Appeal.

Darren Smillie, 25, Ben Beavers, 22, and his brother Robert Beavers, 23, waded in to assault Mark Ashworth after he entered The Cottage pub in Haxby in August 2000.

The Court of Appeal Criminal Division heard the victim suffered head wounds, a black eye, swollen cheekbone and bruising to his back and chest.

There was bad feeling between the attacking trio and Mr Ashworth after the "acrimonious" break-up of his relationship with the brothers' sister, Naomi Beavers, in the summer of 1999.

Mr Justice Butterfield, sitting with Judge David Evans, described the incident as a "vicious attack" which involved the "highly dangerous act" of kicking Mr Ashworth in the head.

"It occurred in a place frequented by the public. The offences merited a custodial sentence," said Mr Butterfield.

But none of the three had gone to the pub "looking for trouble" or had a history of offending and Judge Paul Hoffman acknowledged none had previously shown any "propensity for violence" when sentencing them.

There had also been an element of provocation.

The original 18-month sentences for each were "excessive" and they were therefore reduced to 12 months each.

The Beavers brothers, both of Poppleton Road, Acomb, admitted affray and Robert Beavers also admitted criminal damage.

Smillie, of Middlecroft Drive, Strensall, admitted causing actual bodily harm.

Mr Justice Butterfield said violence flared after a "verbal confrontation" between Mr Ashworth and Smillie, culminating in a remark which "so inflamed Smillie that he struck out at Ashworth, knocking him to the ground".

The Beavers brothers then joined in the attack, Robert Beavers kicking Mr Ashworth several times and Ben Beavers pushing and punching him.

The Appeal Court heard that, as they left the pub, Robert Beavers picked up a lump of concrete which he hurled at Mr Ashworth's van.

Updated: 11:24 Tuesday, May 22, 2001