A MAN who spat in the eyes of prison officers on two separate occasions has had a bid to reduce his sentence thrown out.
It comes after former Southampton resident Jack McRae had been sentenced to 26 weeks in prison for the two assaults.
Winchester Crown Court heard that the 26-year-old, who was absent from court due to illness, had also used a homophobic slur in the first assault which took place in October.
Colin Meeke, prosecuting, told the court that following a lunch period, McRae refused to go backed to his cell and became confrontational with a female prison officer.
Other officers helped move him back to his cell, but when he got there he spat in her eye, before swearing and using a term not suitable for publication.
The court heard the incident left her in fear that she had contracted a HIV as McRae had refused to provide blood samples for testing.
McRae was sentenced to 10 weeks in prison, plus an additional six weeks for the homophobic element. He was also handed 10 weeks for a similar incident in December involving a male prison officer.
The court heard both sentences would be served consecutively, and were added onto the 32-month jail term he is currently serving at HMP Woodhill.
However, Preet Matharu, defending, questioned the decision by magistrates to impose consecutive sentences, which she said effectively removed credit for McRae's guilty pleas.
She added: "It does seem somewhat excessive."
However, after around five minutes of deliberations, Judge Andrew Barnett dismissed the appeal, saying the sentences were justified.
Judge Barnett said: "The mode of assault was particularly disgusting and offensive. It is of course obvious they both involved assaults on people engaged in professional duties.
"It is also a note of record that the appellant has an appalling record."
Judge Barnett read out a list of McRae's previous convictions, which included GBH and escape from custody.
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