THREE men who took part in an early morning attack on two brothers in a busy town centre have been spared jail.

Christopher Streenan, 20, Andrew Williams, 18, and Paul Gilding, 18, punched the men and kicked them in the head as they lay on the ground during the brawl outside the Ship Inn, Marske, east Cleveland.

Teesside Crown Court heard the victims, Craig Helm and his brother Lee, had been out drinking when they came across the defendants at about 2.20am on January 24.

Kath Fagan, prosecuting, said: "It is the Crown's case these two brothers started off the incident although they ended up being the injured parties."

She said the Helm brothers goaded Mr Streenan who opened his arms as if to show he did not want to fight.

Lee and Craig then punched him and a fight broke out.

Recounting the events Ms Fagan said: "Lee is punched and goes to the ground. Gilding then kicks him in the head.

"Craig Helm, who goaded the fight, goes to the ground too and Williams kicks him once in the head and Gilding then kicks him in the head.

"Whilst the Helm brothers were the instigators, the three defendants do appear to go over the top as far as self-defence is concerned."

Streenan, a builder, of Buckingham Road, Redcar, Williams, of Ennis Square, Dormanstown and Gilding, a fitness instructor, of Thirlmere Road, Redcar appeared in court to be sentenced for affray after they all pleaded guilty to the offence.

The court heard Streenan and Williams had no previous convictions but Gilding had two convictions for being drunk and disorderly.

Judge Peter Armstong said: "They were clearly provoked by the Helm brothers who were drunk and wanting to fight.

"This sort of fighting usually results in people being sent away for six to nine months.

"There is no justification for kicking anyone in the head when they are lying down. It is cowardly."

Judge Armstrong said it was just possible to avert custody because the fight had not been started by them and they were of previous good character.

He ordered they each carried out community punishment orders of 60 hours and paid £40 costs.