A MAN who attacked his long-time friend has walked free from court -- even though a judge said he would have sent him to jail.

Burnley magistrates heard how Lee Duane Alderson, 25, had earlier admitted the offence before a different bench who had told him they had in mind a community sentence.

District Judge Paul Firth told the defendant he felt obliged to pass the non-custodial term, but if he had not, he would have sent him to prison. He said Alderson should consider himself "very fortunate."

Alderson, of Berkeley Street, Nelson, earlier admitted assault causing actual bodily harm and was given a 12 months community rehabilitation order, with £400 compensation and £70 costs.

David Macro, prosecuting, said the defendant had known the victim Graham Evans for about 15 years and their partners were best friends.

The two men had been out, had something to drink, returned to Mr Evans' home and were talking about getting some food.

One of Mr Evans' three young children then kicked his father and the complainant chastised him by "tapping," his bottom. Alderson told him not to abuse the child in front of him.

Mr Evans replied that his friend should not tell him how to treat his kids at which point the defendant "went berserk," grabbed hold of Mr Evans, threw him on a chair, pinned him down and started to punch his head.

Mr Macro said Mr Evans was able to push Alderson off, ran into the kitchen and phoned the police. Alderson threw more punches as his friend curled up in a ball to try and protect himself.

Mr Evans suffered a sprained ankle, numerous cuts and abrasions and a chipped tooth. After he was cautioned by officers, the defendant said: "Yes, I gave him a good kicking."

The prosecutor added Alderson explained to police he had been abused by his father when he was little and took exception to the child being chastised. He had no record of violence.