A drunk thug from Carlisle who left his pal with a life-changing brain injury after felling him with single punch, has failed to have his jail term reduced.

Nicky Maxwell, 28, was last year jailed for three-and-a-half years after Carlisle Crown Court heard about the devastating impact of his unexpected attack on Nathan Johnston, whose injury means he now needs nursing care for every aspect of his day-to-day life.

Mr Johnston’s brain injury was the result of an unexpected punch from Maxwell after the two men argued at a house party in Harraby, Carlisle, on April 21, 2018.

According to one witness, bickering between the two friends had escalated rapidly, going from “zero to 100” in a matter of seconds.

It ended with Maxwell delivering one powerful punch to Mr Johnston, instantly knocking him to the ground where he banged his head on a concrete garden path.

Maxwell initially denied striking any blow but he later admitted causing grievous bodily harm. The court heard that the consequences of Mr Johnston’s injury have been profound and life-changing, and had left his family devastated.

Although he can open his eyes, the father-of-two now needs extensive nursing support. He cannot obey command, nor live independently.

In a series of emotional statements, his family said that what happened had devastated their lives as well as Mr Johnston’s. “It’s destroying us all,” said his sister Justine.

She told the defendant that she hoped his conscience eats him.

The victim’s father Kevin said the hardest thing was knowing that Maxwell was meant to have been his son’s friend.

Addressing the defendant directly, Mr Johnston senior said: “This has devastated my family, Nicky. You have made my life that bad I wish I was dead myself.”

The victim’s partner Kimberley Brown said she would never give up on Mr Johnston.

Believing the 42-month sentence handed down by Judge James Adkin was excessive, Maxwell’s legal team lodged an appeal at London’s Royal Courts of Justice. But after considering legal submissions, three leading judges dismissed the appeal.

They concluded that Judge Adkin was right to impose a tougher sentence than the one suggested by guidelines, pointing out that the reasons were explained clearly in the original hearing. The original jail term was correct in law, they ruled.

Speaking of Mr Johnston’s injury, one of the appeal panel, Lord Justice Simon, said it “could hardly have been worse, other than death”.

As he passed sentence in July last year, Judge Adkin told Maxwell: “Mr Johnston’s life, and their lives, have been wrecked by your drunken, foolish behaviour.”