A CAR salesman who got drunk and attacked a pub regular in a "couple of minutes of lunacy" has escaped a jail term -- but a judge stressed it was only just.
Father-of-two Keith Spriggs, 38, knocked victim David Benson unconscious and then kicked him several times on the ground after he set on him in the Angel pub, Burnley, last May.
Mr Benson remembered nothing except waking up in hospital, where he was treated for various injuries, Burnley Crown Court heard.
Recorder Michael Laprell said the defendant, who could not have complained if he had been sent to custody, had not been able to take his drink as well as he thought. He said he accepted Spriggs's behaviour had been out of character and alcohol was the only explanation for his conduct.
Recorder Laprell said the defendant had tried to "duck and dive" over what happened and the fact the victim's injuries were minor were no thanks to him.
He added he was not jailing him because of his age, the fact he was of previous good character, he had pleaded guilty and Mr Benson's injuries had not been long lasting -- but, admitted he had reservations about his decision.
The defendant, of Nairne Street, Burnley, had earlier admitted assault causing actual bodily harm and threatening, abusive or insulting words or behaviour.
He was given 240 hours community punishment and told to pay £1500 compensation and £500 costs.
Stuart Duke, prosecuting, said Mr Benson and his family had been to a christening and went into his local, the Angel, on Accrington Road. Mr Benson, who had been drinking, knew Spriggs socially.
The defendant made a comment to him about living in a posh house and claimed he could only afford it because he was working and on the dole.
Mr Benson laughed it off but as he prepared to leave, he was punched to the floor by Spriggs. When the defendant was arrested, he said somebody else caused the trouble and he had not behaved unlawfully. Mr Duke added Spriggs had no previous convictions.
Martin Hackett, defending, said until the offences, Spriggs had led a blemish free life. He had been in a relationship with the same woman for most of his life and one of his children had been receiving treatment for a brain tumour. She had undergone chemotherapy and physiotherapy. If the defendant was to lose his liberty, it would have a traumatic effect on his wife and daughter.
Mr Hackett said Spriggs's behaviour had been disgraceful on the night of the assault, but had not been in trouble before or since. He had been taunted in the local area over the what happened and apart from the offences was a respectable member of the community.
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