Fatal Vic Cassai brawl appeal bid rejected

A violent offender seeking to appeal his jail sentence for his role in a fatal brawl has had his application rejected.

Thomas Francis McCloskey-Sharp, 26, was one of three men who launched an unprovoked attack on David Cassai and his friends in the seaside town of Rye on December 31, 2012.

Mr Cassai fractured his skull and died hours later.

Dylan Closter, 20, has been jailed for nine years and six months for Mr Cassai's manslaughter.

Tyrone Steven Russell, 23, is serving three years, with a minimum of 17 months after the Victorian Court of Appeal doubled his sentence last year for recklessly causing injury, recklessly causing serious injury, and affray.

The same court on Wednesday heard McCloskey-Sharp seek leave to appeal his jail term on the grounds it was out of step with the penalties imposed on Russell.

McCloskey-Sharp pleaded guilty to recklessly causing injury and affray and was jailed for two years and three months with a minimum of 17 months to serve.

Barrister Dermot Dann said there was a disparity because Russell had been convicted of an extra charge.

He said McCloskey-Sharp was not given credit for an early indication he would plead guilty to affray.

Court of Appeal Judge Robert Osborn rejected the submissions, saying McCloskey-Sharp was older, with a more serious criminal history than Russell.

McCloskey-Sharp was convicted of assault in 2009 for repeatedly striking a man with a metal pole in an unprovoked attack.

Mr Cassai's mother, Caterina Politi, was in court with her two daughters.

She cried as the details of her son's death were read out.