A TRAINEE bricklayer who hit another man with a bottle after a night out came close to a prison sentence, he was warned by a judge.

Luke Connolly admitted assault causing actual bodily harm when he appeared at Swindon Crown Court.

Because the bottle had not broken, the 18-year-old was told he faced a less serious charge than he could have done.

Judge Charles Wade added: "I have to say to you that this offence comes very close indeed to you going immediately into custody."

Connolly, of Ermin Street, admitted the attack on Stuart Harding in Swindon town centre.

Prosecutor Jason Taylor said Connolly had been on an evening out with friends on June 6.

He and his brother Josh had bumped into the victim, who was an old school friend.

Josh and Stuart had a disagreement and the defendant struck Stuart with the bottle, causing a one-and-half inch gash.

Connolly had pleaded guilty on the basis that his brother was being threatened and intimidated by the victim, said Mr Taylor.

Someone had put a bottle in his hand and he had swung it at him.

As soon as it made contact he realised he had done wrong, put down the bottle and waited for the police.

Roger Jones, defending, said: "He has clearly shown considerable remorse in relation to what happened."

He said Connolly, who had no previous criminal convictions, although he did have a caution for an assault two years ago, had been shocked and surprised by his reaction.

The opportunity had been there for him to escape but he had ignored coaxing from others to flee and stayed to face the consequences.

He said the assault had happened because he felt his brother was being threatened.

"There is a situation, which, if it is happening to a close relative, at least it may be understandable if there is some reaction in order to protect that relative," said Mr Jones.

"He, himself, is appalled by the extent to which he became involved."

He said violence was not an ordinary part of Connolly's behaviour.

Connolly was sentenced to 200 hours community punishment and ordered to pay £250 compensation to his victim.

Passing sentence, Judge Wade told him how close he had come to custody.

"This is a serious matter and I have to consider where a weapon has been used, whether this is a case where you should go to a young offenders' institution," he said.

He said he had taken into account that Connolly had owned up straight away, the fact that the bottle had been put into his hand and that he had not fled.

"But it has been a close run thing," he added.

Tina Clarke