A thug who helped kick a man to death during the burglary of the victim's home has failed in a bid to clear his name of murder.

Mark Elliott, 30, joined with two teenagers "like a pack of hyenas" to attack Mark Witherall, 47, in King Edward Street, Whitstable.

The builder had found them prowling around inside his house in January 2007.

Mr Witherall chased the burglars outside but was struck on the head with a spirit level.

He was repeatedly kicked and stamped upon by his three attackers as his lay on the ground and died in hospital five weeks later.

Elliott, of Sandpiper Road, Whitstable, was convicted of his murder and conspiracy to burgle at Maidstone Crown Court.

In April 2008 he was jailed for life, with a minimum of 23 years to serve before he could even apply for parole.

Curtis Delima, then 19, and Gerry Cusden, then 16, were also found guilty of murder and handed life terms.

Elliott asked senior judges at London's Criminal Appeal Court to overturn his murder conviction, claiming it was "unsafe".

The court heard the burglars had gained access to the victim's home after stealing the keys to the property from his housemate at a party.

Mr Witherall awoke on the night of January 27, 2007, to the sound of the youths moving around inside his house and reacted by chasing them.

They initially fled, before turning and confronting him outside.

He was felled when Delima hit him on the head with a spirit level, before he was repeatedly "kicked and stamped on" by all three.

The injuries which caused his death were sustained while he was lying helpless on the ground, not by the initial blow with the spirit level, experts concluded.

Elliott argued on appeal that he ought not to have been found guilty of murder as he had not intended to kill Mr Witherall.

But Mrs Justice O'Farrell said his argument was based on a misunderstanding of the law and told Elliott: "This ground of appeal is completely without merit."

She added: "He took part in the group attack, which was responsible for the death of the deceased five weeks later. As such he was jointly responsible for the murder."

Elliott also argued that he suffered from "adult ADHD" and had a "short attention span and difficulty following a conversation".

This would have prejudiced his ability to defend himself, he claimed.

But the judge, sitting with Sir Brian Leveson and Mrs Justice McGowan, said: "There is no evidence that Elliott's fair trial was prejudiced in any way.

"All the defendants to a greater or lesser degree caused the injuries which led to the victim's death."

She concluded: "The application for permission to appeal is dismissed."