A MAN on a suspended sentence who sparked a brawl by pouring an ice bucket over another drinker has been jailed.

Benedict Hibberd, who last year was spared immediate custody for drug dealing, was out with his brother when they set about two men in a Marlborough nightclub.

But after already giving the 30-year-old a chance for an earlier breach of the suspended sentence, after he was caught with drugs, a judge said he had to activate some of the jail term.

Hibberd and brother Jamie had gone to Azuza in Hughenden Yard on Saturday, March 7, where they saw Mark Taylor and Joshua Croucher.

Hannah Squire, prosecuting, told Swindon Crown Court 'there seemed to be bad blood' between the men who knew each other.

"Both Hibberd brothers approached the bar and poured and ice bucket over Mr Croucher and Mr Taylor," she said.

The brothers then landed punches and kicks on the other men and the two victims were taken outside, only to be followed out by the Hibberds.

Miss Squire said they continued the violence with Benedict Hibberd punching Mr Croucher when he was on the ground while his brother had to be restrained.

Hibberd, of Farm Lane, Aldbourne, pleaded guilty to common assault.

The conviction put him in breach of a two year jail term suspended for 24 months which was imposed at Salisbury Crown Court for 'supply of cocaine on a commercial basis'.

Miss Squire said the dealing was 'relatively low level' though £1,000 in cash was found and he admitted having criminal property as well as possessing drugs with intent to supply.

She said he was also given a chance in May when he appeared for breaching the order after being caught in possession of cannabis.

Rob Ross, defending, said his client had gone out and got very drunk with his brother, who had been out of the country for some time and what started out as horsing about with the ice turned into a fight.

He said his client is a tiler by trade but he could not work at the moment because of problems with his feet which he is receiving medical treatment for.

Mr Ross also handed the court a number of character references, including one from the licensee of The Queen's Head, Marlborough.

Jailing him for 11 months Judge Peter Blair QC said: "When you were given the suspended sentence you were informed very clearly that breach of that would render you liable to being sent to prison.

"It was very much an opportunity to prove to the world that you were going to avoid offending and that the community would be safe from you.

"When I sentenced you in April this year for breaching that and possessing cannabis, I did not know then that you were subject for potentially coming before me for common assault and it may be we would have tied it all together, but I would not have given you that further opportunity.

"I have come to the conclusion I can't justify anything but giving you a custodial sentence for your offending and breaching the suspended sentence order."

At an earlier hearing his brother, who also admitted assault, was sentenced to a community order by magistrates.