A youth who assaulted a love-rival has been freed after top judges heard he was not responsible for his victim's serious head injuries.

In August, Kieran Marshall, of Brent Close, Witham, admitted common assault at Chelmsford Crown Court and was handed five months in a young offenders' institution.

Yesterday London's Court of Appeal heard how Marshall and another youth confronted James Clarke in December.

Marshall, who thought Mr Clarke was seeing his ex-girlfriend, pushed him before his accomplice punched him in the stomach.

Mr Clarke fell to the ground and hit his head resulting in serious injuries.

But yesterday Judge David Clarke QC, sitting at London's Court of Appeal with Lord Justice Judge and Mr Justice McKay, said Marshall's sentence was "manifestly excessive" and reduced it to three months, effectively setting him free.

Published Thursday October 17, 2002

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