A 27-YEAR-OLD who knocked a man to the ground on his own doorstep before kicking him in the face in a case of mistaken identity has walked free from court.

Scott Ruskin left Peter Radford bleeding with broken spectacles and black eyes following the attack, while his accomplice Tommy Burton, searched his house and stole a mobile phone.

But despite hearing that both men had dozens of previous convictions Judge John McNaught decided not to send jail either man for the attack on someone they wrongly thought had 'grassed' on their friend.

Steven Dent, prosecuting, said Mr Radford answered a knock on his door in Charles Street, Trowbridge, at 4.40pm on July 3 last year to be confronted by three youths.

"Scott Ruskin it was, who as the door was opened, asked him if he was Peter and asked him if he knew anyone called Phil," he said.

"This somewhat confused Mr Radford. Before he could answer Mr Ruskin grabbed hold of his shirt and forced him against the wall in the hallway.

"Mr Burton pushed past and went into the living room where he started to move about some video equipment. Burton then went upstairs to Mr Radford's bedroom.

"As Burton passed to go upstairs Ruskin forced Mr Radford to the floor and kicked him to the face. His glasses smashed on his face causing some nasty cuts."

Mr Dent said that while the attack was going on a neighbour, who had been talking to the driver of the car they arrived in, heard the scuffle and came to Mr Radford's aid.

Ruskin and the third man, who has never been identified, rushed off but the neighbour managed to grab Burton, who then handed back the phone before wriggling free. All three then made off in the car.

As Ruskin left he handed his victim a £20 note saying, 'Buy yourself a new T shirt' because it had been damaged in the scuffle.

Burton was arrested two weeks and Ruskin four weeks after the incident. At first both denied being involved and refused to stand on identity parades.

They then changed their minds and parades were organised for December but on that day both men asked to be re-interviewed and admitted the incident.

Swindon Crown Court heard that Ruskin had 24 previous convictions, mostly for theft and dishonesty, and Burton 59 including aggravated burglary and assaulting a police officer.

Ruskin, of Yerbury Street, Trowbridge, pleaded guilty to actual bodily harm and Burton, of Heather Shaw, admitted theft and affray.

Sarah Regan, for Ruskin, said her client had been drinking before he met the other men.

She said that Ruskin had few convictions for violence and none of any sort since 1999.

Sue Evans, for Burton, said her client had been drinking and did not know there was going to be violence, and did not take part in any.

Sentencing Ruskin to 100 hours community service and one year probation Judge McNaught told him, "By rights, if you knock a man down and kick him in the face and black his eyes and break his spectacles you ought to go to prison."

He also ordered him to pay £500 compensation and £200 costs.

Burton was placed on probation for one year.