A FORMER voluntary worker who went over the top in defending himself from attack from a work colleague, has walked free from court.
Burnley Crown Court heard how young dad Robert Smaje, 26, had what a judge described as a 'dreadful record' for his age, including three previous convictions for violence against others.
Judge Philip Sycamore, who said victim George Leach must take some of the blame, said Smaje ended up retaliating rather than defending himself. But, he added, the defendant was working, the public interest would best be served by not imposing a custodial sentence and he could take a "wholly exceptional course."
Smaje, of Burnley Road East, Water, had earlier admitted assault causing actual bodily harm. He was given 200 hours community punishment and must pay £500 compensation.
William Staunton, prosecuting, said last July Mr Leach, a friend Anita Platt and the defendant went out for the evening and then back to Miss Platt's home. Miss Platt went upstairs and then heard a disturbance. She said the defendant claimed Mr Leach had become abusive and grabbed him by the throat and he had defended himself by grabbing him between the legs and punching him.
Miss Platt saw Mr Leach between two couches, with Smaje standing over him, delivering repeated hard and fast blows to his head. He also kneed Mr Leach in the face and he ended up slumped on the floor, suffering a suspected broken nose.
Michael Lavery, defending, said Smaje, who had previously done voluntary work for the Citizens' Advice Bureau, had now been promoted to supervisor at work.
He said Mr Leach started abusing the defendant, was agitated and when Smaje tried to calm him down, violence started. Smaje was taken in a strangle hold, fought Mr Leach off but then went too far.
Mr Lavery said the birth of Smaje's daughter had been a catalyst for change and he had grown up from the rather despressing criminal record he had in the 90s to to doting father he was now.
Smaje's partner worked at a nursing home and when she did that, the defendant had the sole care of their child. If he went to prison, she would have to give up her job and his life would fall apart.
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