TWO brothers who repeatedly kicked a man in the face as he lay on the ground outside a Worcester nightclub narrowly escaped a prison sentence.
Craig and Darren Simmonds were spared custody despite the serious nature of the attack outside Le Mango because of their good characters and provocation by the "troublemaker" victim.
The siblings had been drinking in the club with other members of their family when Wesley Bates attempted to start an argument, Droitwich magistrates heard.
Kiernan Cunningham, prosecuting, said a bouncer swiftly stepped in and asked Mr Bates to leave, followed by the Simmonds clan.
But as the brothers' 17-year-old uncle Kelvin walked towards Angel Place, Mr Bates approached from the side door of the club and struck him.
"He was the catalyst to what followed," he said.
Darren Simmonds punched Mr Bates to the floor before his brother joined him in kicking him repeatedly in the face.
They were stopped by Le Mango staff.
In interview, the brothers said all they wanted to do was ensure Mr Bates, who suffered cuts and bruises, did not get up and continue the early morning attack.
Eighteen-year-old Craig, of Meadowview, Wichenford, and 22-year-old Darren, admitted assault causing actual bodily harm.
Barry Newton, defending the younger brother, produced praising letters from his head tutor at college, his counsellor, his employer and a Warndon community centre member.
"The last has known him for many years and says he is a quiet, diligent man who has worked with disadvantaged children," he said.
Mr Newton said the incident had come at a time when the usually "placid, calm" man was suffering emotionally because of a death.
"Wesley Bates was the catalyst, of that there is no doubt. He was known to Craig and had a reputation in the city for being a troublemaker."
Dale Sheehan, defending "pillar of the community" Darren Simmonds, agreed the men were not hotheads.
"They are two young men who got into a situation completely out of character," he said.
Magistrates sentenced them to a 150-hour community punishment order with £100 compensation and £59 costs each.
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