A TEENAGER who attacked a bystander after a nightclub fracas has been spared a jail sentence.

Philip Zack Palmer, 18, had earlier been shocked to be warned by Burnley Magistrates he could face custody after they had heard he headbutted teetotal Billy Martin and later told police he did not regret it.

Mr Martin had been out with his friends and had been hoping for a quiet night.

It was the first time he had been out since the murder of his friend in Blackburn, the court was told.

Palmer, a building labourer, of Church Street, Burnley, had admitted assault causing actual bodily harm, on August 18.

He was given a 12 month community rehabilitation order, to include the Think First programme and must pay £500 compensation and £69 costs.

Joanne Shahzada, prosecuting, said Mr Martin had been to The Works nightclub in Burnley. He went to the toilet and came back to find his brother trying to break up a fight.

The defendant went towards him, but Mr Martin said he did not want any trouble and told him the police should sort out the melee.

Palmer then headbutted the victim in the face and Mr Martin felt a searing pain across his head. Blood poured down his face as the defendant ran from the club but was grabbed by the police.

Miss Shahzada said Mr Martin went to hospital where he had a gash glued together. He also had a bump above his eye and suffered constant headaches afterwards.

The victim was sober as he did not drink alcohol and he had never been involved in a fight.

The prosecutor said Palmer told police he had had seven pints of lager and claimed he thought Mr Martin may have been involved in the trouble. He said at the time he did not regret his actions.

Bridgette Hibbert, defending, said Palmer was well aware he had caused suffering to a member of the public who had nothing to do with what went on in the club.

Palmer knew he could he facing custody and that had been a sobering experience for him. He had not been in fights or to jail before.

Miss Hibbert said the defendant clearly made a mistake and not only picked out the wrong man, but took it upon himself to take action.

The solicitor added Palmer was an occasional social drinker and had no previous convictions for assault.