man to begin serving his prison sentence for a mace attack at the hospital last year.

Goodwin Spencer, 26, appealed a nine-month prison sentence given to him in July after a jury convicted him of five assault offences.

But the panel of judges threw out his appeal saying "nothing excessive was imposed on him'' by Puisne Judge the Hon. Mr. Justice Ground.

He was fortunate that three of his five jail sentences were ordered to run concurrently, they said.

While being led out of the court by prison guards, Spencer, previously out on bail, was hugged by his older brother Duval Spencer while other relatives sobbed.

Duval Spencer, who was found guilty along with Goodwin Spencer of interfering in lawful activity in a public place, saw his four-month suspended prison sentence quashed but a $2,000 fine upheld.

"This should not be taken to mean we condone in any way disturbances that take place in a hospital,'' Court of Appeal president the Hon. Sir Denys Roberts said.

The three Appeal Judges noted that both brothers' previous clean Police records.

Crown counsel Mr. Peter DeJulio had argued their interference with medical care was "a serious aggravating factor''. And it "quickly became clear they were not at the hospital to inquire about the condition of one of the complainants''.

"They are rather fortunate they did not do worse,'' he said.

Goodwin Spencer had also appealed his conviction for assaulting a Policeman for which he received a six-month prison sentence.

The Spencer brothers had claimed the attack was carried out as a result of built-up anger over a man's continued beatings of their sister.

Arguing their appeal, lawyer Mr. Richard Hector said matters came to a head on a night last November.

The brothers learned their sister had been allegedly assaulted again by Rudell Smith and confronted him. A fight ensued and Smith hit the brothers first and they hit back, Mr. Hector claimed.

Police were called but the brothers left before they arrived while Smith took a taxi to King Edward VII Memorial Hospital.

It was the prosecution's case the brothers barged into the emergency room and pandemonium ensued. But Mr. Hector contended the brothers followed Smith to hospital with no intention of beating him further.

However, they were "triggered'' into taking matters further when he told them he "only slapped the bitch once and threw water in her face''.

Mr. Hector said Goodwin's assault on a Policeman consisted of only shoving him and he had not meant to involve the others in his angry fit.

He added Goodwin Spencer had not known Smith had suffered a serious head injury when he first saw him at the hospital.

Goodwin Spencer, a shoe store owner, and Duval Spencer, a Government worker, had both led "peaceful lives'' until the incident, Mr. Hector said.

After being found guilty Goodwin Spencer was sentenced to three months prison for interference, six months for spraying Smith in the face with a noxious gas, and a series of concurrent sentences for the three other assault charges.