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A bid by a ‘dangerous man’ to have his sentence for a vicious assault reduced has backfired after he was told he will spend longer in prison.
During the attack, Patterson bit the other man’s ear and tore it off as he pulled away.
Patterson, 43, appeared at the Court of General Gaol Delivery in November after a jury found him guilty following a trial the previous month.
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A hearing on whether to grant leave to appeal was held on Thursday before Appeal Judges Cross KC and Deemster Wild.
During the trial, the court heard that the victim, who did not know Patterson, was in the gardens with friends during the Isle of Man TT period when he began chatting to Patterson’s partner. She later told the victim Patterson wanted to hurt him.
The victim approached Patterson to ask why, but he was attacked. Both men fell to the ground, during which Patterson bit the victim’s ear off and spat it out.
Patterson then walked away while the victim was taken to hospital.
In a victim impact statement read by prosecutor Roger Kane, the victim said: ‘I have been struggling to live with this. I have to attend hospital regularly and struggle to be around my family. I go to great lengths to hide my ear, wearing hats and earphones even when I’m not playing music.
‘I have not been able to work as my mental health is so low and my family struggle to see me like this.
‘What Patterson did was extremely over-the-top and disgusting. It was totally unnecessary and uncalled for.’
Patterson has several previous convictions for violence, with Mr Kane describing him as ‘dangerous’.
In mitigation, advocate Paul Glover said there had been some provocation from the victim and that his client had suffered a traumatic childhood.
Alongside the prison term, Patterson was given an extended licence period of three and a half years and an indefinite restraining order preventing him from approaching or contacting the victim.
On Thursday, Appeal Judges Cross KC and Deemster Wild refused permission to appeal.
Judge Cross KC said: ‘We do not consider there is any merit in this case at all.
‘We refuse permission to appeal and, even if there had been the slightest legal point which might have justified permission being granted, we would have dismissed the appeal. This sentence was simply not manifestly excessive.’
Mr Glover argued that after the offence had been placed within the sentencing guidelines, adding 18 months for aggravating factors - Patterson’s previous convictions and the fact the offence happened in a public place - was excessive.
He also noted there had been a 13-year gap since Patterson’s previous violent offence.
Patterson’s earlier convictions include manslaughter in 2000, as well as wounding with intent and assault causing actual bodily harm.
The judges noted that one of the earlier assaults was very similar to the latest offence and had also taken place during TT just 100 yards away. All the violent offences had occurred in public places.
However, they pointed out Patterson had spent much of the time between offences in prison and said the offences showed a ‘propensity for violence’ and that he posed a danger to the public.
Judge Cross KC told Mr Glover that sentencing guidelines are not fixed and courts must consider the specific circumstances of each case. He also said the offence could have been placed in a higher culpability category.
He agreed with the prosecution that Patterson was dangerous and a risk to the public.
Not only did the judges dismiss the appeal, they also issued a ‘loss of time’ direction - a direction used in cases which are considered to have no merit. This means Patterson’s sentence will effectively restart from the date of the appeal hearing, adding around four months to his time in prison.
The judges are also considering extending the licence period from three and a half years to five years, subject to further submissions from Mr Glover and Mr Kane.