A TEENAGER who smashed a rowdy neighbour's jaw in a late-night street fracas has walked free from court.
John Pate's victim, John Ramsey, had hurled threats and abuse and thrown a punch before the scuffle, but Pate used more force then was necessary to defend himself.
He then went to get help for Mr Ramsey, Burnley Crown Court heard.
Sentencing, Judge Raymond Bennett said he was passing an unusual penalty for an unusual offence.
He said the prosecution did not contend that Mr Ramsey had not been behaving very well.
The judge added it had been the victim's noise and disturbance which had caused the defendant to go out and confront Mr Ramsey.
Judge Bennett told Pate: "It may well be that the blow you struck was a hard one but in the heat of the moment it is very difficult to judge just the amount of force which needs to be used."
Pate, 19, of Blackburn Road, West End, Oswaldtwistle, had earlier admitted inflicting grievous bodily harm. He was given a 12 month conditional discharge.
Judith McCullough, prosecuting, said Mr Ramsey had been drinking earlier and had had an argument with his partner.
He returned home and couldn't get into his house. Mr Ramsey thought he had been locked out and began to kick the back door and shout.
The defendant and other neighbours heard what was going on and were woken up.
Pate went to see what was happening and would say that the complainant threw a punch at him.
The defendant punched him back, Mr Ramsey punched the defendant a second time and then Pate used more force then was necessary.
Miss McCollough added Mr Ramsey suffered a laceration to his nose, two cuts on his lip, gashes on his chin and a broken lower jaw.
He also lost two upper teeth and felt dizzy and tired after the offence. A CT scan did not reveal any problems, but he was kept in hospital overnight.
Charles Brown, defending, said the offence was totally out of character.
Pate had brought shame on himself and his family. He knew the blow he had struck had been too hard.
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