THE family of a father-of-two who received fatal brain injuries after being punched have been granted leave to appeal against his killer's sentence.

Paul Simpson, of Askrigg Street, Darlington, was the victim of what a court heard was an "extremely dangerous and stupid game".

His killer, Alfred Welch, was jailed last month for three years after admitting man-slaughter, but denying murder. The sentence was condemned by Mr Simpson's family and attacked by police as too lenient.

Following a request by the Crown Prosecution Service, the Attorney General has agreed that there are grounds for the sentence to be reviewed by the Court of Appeal.

Under the Criminal Justice Act 1988 it can change the sentence to any other that was within the crown court's power.

The law says that the maximum sentence for manslaughter can be anything up to life.

Welch had served four months on remand before being sentenced, and under his existing sentence could be released from prison on good behaviour as early as October next year.

Teesside Crown Court heard how he was engaged in a drunken game, which involved punching passers-by in a bid to knock them over, while cruising in a car around Darlington late at night.

Paul Simpson, 33, who had two young daughters, was struck by Welch and fell, hitting his head on a kerb, later dying of his injuries.

His mother, Barbara, said last night: "Everyone I have spoken to thinks the sentence was just appalling, and we are keen to keep this issue in the public eye.

"We are a very close family and this has brought us closer together."

Detective Superintendent Harry Stephenson, of Durham Police, who led the investigation into Mr Simpson's death, said they shared the family's unhappiness at the length of the sentence.

He said: "We are not surprised at the decision to refer this to the Court of Appeal, and now await the outcome of any hearing."

Since the sentence, Mr Simpson's family have written to Prime Minister Tony Blair for his support, and family members are to meet their local MP, Health Secretary Alan Milburn, today.