THREE drunken brothers involved in "horrifying" early hours violence in which two men were attacked at a kebab shop have all avoided jail .
Burnley Crown Court heard that builders' labourers Paul Fagan, 28, Shane Fagan, 22, and part-time office clearer Mark Fagan, 24, left two men injured after the fracas at the Captain Cook, Railway Street, Nelson, last April.
Their conduct was described as "mindless drunken yobbery" by one of their own barristers.
Sentencing the trio, Recorder Kevin Talbot, who told them they had come within a whisker of jail and said law abiding members of the public must have been horrified by what went on.
He said although a non-custodial sentence may give out the wrong message to anyone tempted to behave in the same way - and the courts were anxious not to do that - he could draw an exceptional conclusion to the case.
Paul Fagan, of Walverden Crescent, Shane Fagan, of May Street and Mark Fagan, of Highfield Crescent, all Nelson, had all admitted affray.
They were each given 200 hours community punishment and must pay £235 costs. Shane Fagan must pay £400 compensation while his co-defendants must each pay £800.
Peter Horgan, prosecuting, told the court victims James Marshall and his friend Daniel Cooper were at the kebab shop when Shane Fagan abused Mr Marshall for no reason.
The brothers then attacked Mr Marshall, he fell to the ground, was repeatedly kicked in the face and his head was stamped on.
Mr Marshall managed to get free, headbutted Mark Fagan and then passed out.
Mr Cooper tried to help him but was punched in the face and fell back. All three defendants left the shop and as another friend of the victims arrived asking what was going on he was struck in the face. The Fagans then ran off.
Roger Baldwin, for father-of-two Paul Fagan, said the defendant's conduct was regrettable.
For Shane Fagan, John Woodward said the offence had a salutary effect on the defendant, his lifestyle had changed and he had committed no offences since.
Charles Brown, for Mark Fagan, said he was of previous good character. He had been on bail for a number of months and had not offended.
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