Men who kicked stranger escape jail

Daniel Fleary, 22, and Kevin Ashton, 24, were described as "drunken, loutish and obnoxious" by Judge Les Spittle, who gave both men community punishment orders.

The judge said to jail them would not be in the long term public interest as it would not tackle the underlying problem of their violent behaviour, caused by too much drink.

Teesside Crown Court had heard how Fleary, of Water View, Middleton-St-George, County Durham, had headbutted Mark Lawson in the Speedy Peppers take-away in Darlington in the early hours of May 3.

Ashton, of Trecastell, Ingleby Barwick, near Stockton, then joined Fleary in kicking Mr Lawson up to ten times as he lay on the ground. Prosecuting, Geoff Taylor said the attack was sparked when Mr Lawson refused to shake Fleary's hand in the shop.

Fleary had offered it after barging his way to the front of the queue in order to get served.

He later admitted to police that he would have reacted violently had someone "looked at him in the wrong way". The court heard that Fleary had committed another assault on April 25 at the Fighting Cocks pub in Middleton-St-George.

He hit customer Paul Petitt in the face after Mr Petitt and the licensee Susan Campbell went to speak to him about his bad language.

Robin Turton, for Fleary, who admitted assault occasioning actual bodily harm and common assault, said he was sorry and remorseful about what had happened, adding: "When he is sober he is a respectable, pleasant, hard working man."

Robert Terry, for Ashton, who admitted assault occasioning actual bodily harm, said his client had not instigated the violence.

Fleary received a 100 hour community punishment order, a two year community rehabilitation order and was also given a two year conditional discharge.

Ashton was given a 80 hour community punishment order and a two year community rehabilitation order.

Both men had to pay £250 compensation and attend a "Think First" programme for offenders.