WHEN Kyle Underwood smashed a bottle over the head of another man in a late night brawl, he caused a laceration eight centimetres long and cut an artery, a court heard.
Judge William Hart said he had the power to ruin his future by sending him to prison but had decided not to do so.
He gave 21-year-old Underwood of Orchard Street, Wotton-under-Edge, 40 weeks' imprisonment suspended for 18 months and ordered him to do 150 hours of unpaid community work.
He was also ordered to pay his victim Joseph Price Leyland £500 in compensation and £100 towards the prosecution costs.
Underwood had admitted unlawful wounding at an earlier hearing and the case had been adjourned for a pre-sentence report.
Lisa Hennessy, outlining the facts, said the offence had arisen out of an altercation outside a kebab shop in Wotton-under-Edge on May 23 last year.
"As the victim Joseph Price Leyland was going into the shop at about midnight, Underwood, one of a group of three young men outside, made a comment to him," she went on.
"The victim challenged him to come over and say it again and Underwood went towards him. All involved were affected by alcohol and a scuffle broke out.
"Underwood hit Mr Price Leyland over the head with a bottle causing an eight centimetre laceration and cutting into an artery.
"The victim lost his job because of the headaches he suffered and he can no longer go out with friends as he used to."
Phillip Warren for Underwood, produced a reference from his long term girlfriend's mother and said he had admitted his guilt right from the first intervew with the police, even though his victim did not recognise him.
"Mr Price Leyland received an unpleasant injury and has also had knock-on effects from it," he went on.
"It was an over-reaction caused by panic. He already had the bottle in his hand and lashed out."
He said Underwood led an industrious and worthwhile life and was hoping to go to the University of the West of England in the autumn to study architecture.
And he added: "If you send him to prison today, everything he has been working towards comes crashing down."
Judge Hart said Underwood was of previous good character but during the altercation outside the kebab shop he had been pushed up against a car and received a blow to the mouth.
"You responded to that by hitting your victim with a bottle you already had in your hand. This was probably instinctive and not pre-meditated.
"There is far too much use oif bottles in situations like this on our streets and people who use them in a pre-meditated way go to prison.
"But you used a bottle on the spur of the moment and you have since taken steps to deal with your drinking," he added.
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