A DRINKER has avoided prison after he smashed a glass over the head of a man for talking to a girl – causing a three-inch gash which needed five stitches.

Simon Shelton, 29, had approached his victim during a night out in Colchester in August 2019 after he noticed he was talking to a girl.

Judge Christopher Morgan, sentencing at Chelmsford Crown Court, said: “It is his case, and I accept, that he was talking with her.

“There is no suggestion, as you believed, that he had designs, sexual or otherwise, in relation to her.

“I’m satisfied he was talking to her about a previous employment.

“You intervened, you no doubt thought you were going to stop whatever conversation was between the two.

“Why, and whether you had the right, is not for me to determine.

“But it was your behaviour that quickly escalated this into an act of violence.

“That culminated, after you had put [him] into a headlock and put him on the floor, with you using your glass to strike him once to the head causing a three inch gash which required five stitches.

“That was a blow, it appears, aimed at the head. Fortunately for you it did not strike the eye and nor did it strike the neck, where often the injuries that are caused are fatal.”

Shelton, of Dunnock Way, Colchester, admitted causing grievous bodily harm.

Nneka Akudolu, mitigating, submitted the incident was a one-off which Shelton would “regret for the rest of his life”.

She also cited the time he has had to wait for the case to reach its conclusion.

Judge Morgan said Shelton had used “extreme violence” fuelled by drink.

“You thoroughly deserve to go into custody,” he said.

“Were it not for the delay in this case you would be going into prison today for a period of 18 months.”

This prison term was suspended for two years, with conditions to carry out 200 hours of unpaid work, complete a mental health treatment requirement and a 40 day rehabilitation activity requirement.

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