A PINEHURST man who kicked out at an unconscious reveller during a fracas outside a nightclub left court with a conditional discharge.

Paul Stanners was ordered to pay £55 costs and warned to stay out of trouble for a year after he insisted he just tapped his victim with his foot.

The 36-year-old had already punched Ricky Cook to the ground outside the Casbah in John Street before kicking the prone man to the head, Swindon Crown Court heard.

Judge John McNaught ruled he could conditionally discharge Stanners as he hadn't started the fight and just went too far in defending himself.

That means if he stays out of trouble for a year Stanners will hear no more about it but could be re-sentenced if he commits another offence in that time.

At an earlier hearing Simon Brenchley, prosecuting, said the incident took place in the early hours of October 17 outside the town centre night spot.

He said Cook had been drinking in the club with friends and became involved in an argument with a group of people outside.

Stanners was part of the other group and while Cook can remember little of what took place, a friend said she saw him flailing his arms at another man. He was swinging his arms in a windmill fashion and people sought to break it up, the court heard.

The friend saw Mr Cook fall and crack his head on the pavement.

She then saw Stanners kick her friend in the side of the head, using a lot of force.

Stanners was arrested and when questioned he admitted the punch but said it was in self defence as he had been assaulted first, which the court accepted.

"Mr Stanners described how he did punch Mr Cook twice and then he fell to the floor," said Mr Brenchley.

"He accepted that he had kicked the injured party saying that he kicked him, but wasn't sure where he kicked him."

He said Stanners had accepted his guilt on the basis that: "That kick to the head was effectively a little dig after he had fallen to the ground."

Three other witnesses saw the kick to the head delivered with some force.

Stanners, of Cunningham Road, Pinehurst, pleaded guilty to common assault in relation to the kick.

Chris Smyth, defending, said: "This defendant was assaulted by a stranger when he was out without any provocation."