A thief who stole £300 from a 101-year-old war veteran will serve less time behind bars despite failing in an appeal to have his sentence cut.

Appeal Court judges rejected arguments that the three-year sentence handed to Stephen Gillespie, 47, at Oxford Crown Court in September last year was “manifestly excessive”.

However, they ordered an investigation into how much time the 47-year-old spent in prison “on recall” while he awaited trial.

He will now be given credit for this time, although it is not yet known how many days will be taken off his release date.

Members of the Royal British Legion in Oxford said any reduction in sentence would be “disgraceful” and called for tougher penalties for criminals who target vulnerable pensioners.

Gillespie, of Goose Green Close, Wolvercote, was on licence for burglary when he preyed on Kazimierz Michalski after meeting him in Blackfriars Priory, St Giles.

He told Mr Michalski the roof of his Summertown home needed repairs and he would fix it, but instead stole his wallet containing £300.

Mr Michalski punched Gillespie during the incident on March 8 last year but he got away. Gillespie, who had a string of previous convictions, was arrested two weeks later, and admitted theft.

When he was arrested the remainder of his previous three-year sentence for burglary was reactivated by the courts.

He remained in custody ahead of his sentencing for the theft of Mr Michalski, which saw him handed the additional three-year sentence to begin after the remainder of his original sentence was served.

However, the Court of Appeal has ordered a review into the amount of time he spent in custody between his arrest and sentencing for the theft, for which he is entitled to credit.

This will mean the overall amount of time he spends in jail will be cut.

Headington Royal British Legion chairman Terry Cox said: “I can’t believe he even had the gall to appeal his sentence.

“It was a very serious crime and he was extremely lucky to get away with only three years. If I had my way it would have been a lot more.

“Any reduction in his sentence will be disgraceful and send out entirely the wrong message to people about how seriously these crimes are taken.”

Ken Bampton, chairman of the Wolvercote branch of the Royal British Legion, said the legal system was “out of touch” with the public.

He said: “This was a disgraceful thing for anybody to do to an elderly man.

“He befriended him, preyed on him and then took money from his wallet, which is a despicable way to treat somebody.

“I think there should be tougher penalties for this and I don’t think it is right that any time should be taken off his sentence, whatever the reason may be.”