A TEENAGER who shattered another man's testicle in a fight has been spared immediate jail.

Burnley Crown Court heard how jobless John Kerr had repeatedly kicked the 17-year-old victim in the stomach after they started fighting over the attentions of a girl.

Kerr, 19, of Henry Street, Church, admitted assault causing actual bodily harm, last April 20.

He was given nine months in prison, suspended for two years, with supervision, the Think First programme and 150 hours unpaid work.

Sentencing, Judge Andrew Woolman told Kerr he could have locked the defendant up for a few months for the "nasty injury", which would make the victim feel better, but would not do Kerr any good.

The judge added Kerr was said to have been making exemplary progress on a community order he had been given a few weeks before the offence and he had told probation officers he knew his life had to change.

June Morris, prosecuting, told the court the victim called his ex-girlfriend, asked her to go a flat in Church in the early hours, but then ignored her. The defendant began to talk to her innocently, the victim got jealous and was angry.

The ex-partner left and when she was in an alleyway on the way home the victim appeared. He was drunk and trying to get her in to a conversation.The defendant turned up, wearing the 17-year-old's jacket and he took offence.

Miss Morris said the pair ended up fighting and the ex-girlfriend intervened and was hit by accident by the 17-year-old.

The victim had been getting the better of the defendant, but tripped over a kerb and fell to the ground. Kerr then started to kick the 17 year old in the stomach area.

The prosecutor said the victim suffered a shattered testicle and a fracture to his little finger on his right hand. Kerr had been given a community order for two counts of battery 15 days before.

Paul Hague, defending, said it was clear the victim was in part the author of his own misfortune.

Kerr maintained he did not kick the victim between the legs and there was nothing in the defendant's background to suggest he would commit an offence of such gravity.

Mr Hague said the defendant had certainly learned his lesson and his alcohol consumption was now very much reduced. He realised the consequences of fighting in the way he did.