ADAM Rose, 19, who was convicted of assaulting a man in a late night attack, has escaped a jail term.
Passing a 200-hour community sentence, Judge Charles Wade told Swindon Crown Court he could not be sure that Rose had kicked builder Roy Wylie outside shops in Eastleigh Road, Devizes last July.
He ordered him to pay £500 in compensation.
Michael Butt, defending, said that his client was very remorseful for what he had done and could understand the feelings of his victim.
He said that Rose, of Waylands, Devizes, now wanted to get on with his life putting the incident behind him.
Following a trial in March, a jury at the crown court convicted Rose of actual bodily harm but cleared his dad Kevin of a similar charge.
Mr Wylie, 36, had told the court he was grabbed by Rose senior and then punched and kicked by others as he lay on the ground. He suffered a broken nose as well as numerous cuts and bruises.
Rose senior admitted he grabbed Mr Wylie but only to restrain him.
His son denied any wrongdoing but a witness saw him from his nearby window kicking the prone Mr Wylie to the head and stomach.
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