A MAN who kicked a drinker in the head during a fight outside a pub has been given a last chance to stay out of prison.

Karl Foster was put on a suspended sentence following the violent attack which left his victim with a broken jaw.

But after Foster, 22, breached the conditions of the community order he was told to complete for a second time a judge warned him next time he would activate the jail term.

Foster, of Penhill Drive, admitted being in breach of a suspended sentence order imposed in February.

The offence took place after he had been drinking in the garden of a pub with friends when his group were involved in an altercation with another group of young men. At closing time the drinkers spilled out on to the street outside the pub in Bracknell, Berkshire, and a fight started.

Eleanor Bruce, prosecuting, told Swindon Crown Court that Foster and the victim of the assault both exchanged blows causing the other man to fall to the ground.

She said Foster then took a few steps back and kicked the prone man to the face in the area of the temple which resulted in his jaw being broken. Foster pleaded guilty to a charge of actual bodily harm and given a one year jail term suspended for 12 months.

He was also put under supervision for that period of time, told to do 100 hours of community service, and 12 sessions of a conflict resolution programme.

The court was told that he had failed to turn up for community service sessions earlier in the year and was told to do a further seven hours. Miss Bruce said he had turned up late for an appointment in September and was sent away by the probation service.

They then sent him a letter telling him to turn up on Tuesday, October 5, but he did not. He had attended 47 of the 58 appointments set for him and had resumed contact despite being in breach.

Chris Smyth, defending, said his client accepted he was later for the first appointment but said he did not receive the letter for the second until it was too late.

He said he had been away for a long weekend and arrived back on the Tuesday to open the letter which arrived in the meantime only to find he had already missed the appointment earlier that day.

Mr Smyth said he had completed all of the unpaid work including the extra seven hours and had not been involved in any further violence.

Judge Douglas Field told Foster: “You have been difficult to motivate and you have repeatedly turned up for these appointments late.

“This has been going on too long and valuable resources have been wasted on you. I am going to revoke the supervision and conflict resolution parts of the order.

“You will do 40 hours of unpaid work. If you do not turn up and do this work you will be in breach again and you will be straight into custody.”