On Air Now
Early Breakfast with Jenni Falconer 4am - 6am
18 March 2011, 17:01
A man who was warned to expect a custodial sentence after a pub attack with a glass, was spared jail today (Friday).
Judge Anthony Hughes said Thomas Brooks' offence was not a classic 'glassing' and that the victim had been 'provocative, antagonistic and aggressive' before the attack, which took place outside Luton's White House pub.
Brooks, 31 of Morgan Close, Luton was found guilty by a jury at Luton Crown Court last month of assaulting Germaine Parara on April 8th last year causing him actual bodily harm.
The court heard he was in the outside smoking area at around 6.20pm.
Maurice Aston prosecuting said Brooks had become annoyed by the victim's behaviour and asked a member of staff to remove him.
He said Mr Parara kept slapping the back of his head and asking for and taking cigarettes from their table.
As he was talking to the staff member Mr. Parara approached them and Brooks punched him in the neck, while holding a pint glass in his hand, causing superficial cuts.
Brooks claimed he struck out in self defence not thinking about the glass he was holding.
Robert English, defending Brooks said: "The complainant was being a persistent nuisance, but the defendant does regret the incident and wishes he had just suggested to his friends that they drink somewhere else.
"He is normally a calm, articulated and well educated man."
Judge Hughes told Brooks: "I can see that you perceived he was approaching you in a threatening manner but you made a fundamentally bad judgement in hitting him.
"However this is not a classic glassing case and I am not going to send you to prison today. You need some assistance to engage your brain at the moment you are provoked."
He passed a 12 month prison sentence suspended for two years with 18 months supervision and £750 costs.