From the https://www.kentonline.co.uk By Keith Hunt, 10 August 2016.

Martin McFadden avoids jail after glassing landlord at The Somerset Arms in Gravesend.

A thug who glassed a pub landlord has been fined after a judge said he did not want to impede his “valuable” job by imposing unpaid work or a jail term.

Recorder Charles George QC said a curfew was also “not compatible” with the long hours Martin McFadden worked as a tunneller and steel fixer.

“I stress this is an unusual case for a glassing, but it is part of an agreed plea. It is a lower level of offending where a glass is involved,” he said.

Maidstone Crown Court heard licensee Davinder Bains had previously banned McFadden from his pub, The "Railway Bell" in Anglesea Place, Gravesend.

But McFadden went into the bar in February last year and there was an altercation with Mr Bains.

McFadden, who had been drinking heavily, went to The Somerset Arms in Darnley Road and Mr Bains followed.

There was a further row and McFadden, 27, punched the victim while holding a glass of vodka and cranberry juice.

"Consider yourself extremely lucky you are not actually going inside or getting a suspended sentence" - Recorder Charles George QC

“It may be it was thrown,” said Recorder George. “What is clear is the glass was somewhat on the periphery. There was no intention it should cause injury.”

Mr Bains suffered two “fortunately quite small” cuts to his face and did not need hospital treatment.

“I am told he was pretty shocked afterwards,” said the judge. “It took him some time to get over it.”

McFadden, of The Avenue, Gravesend, admitted assault causing actual bodily harm, and was fined £1,000 and ordered to pay the victim £300 in compensation.

Recorder George told the father-of-one: “It appears drink got the better of you at the time of this incident. I am told you have turned over a new leaf.

“You have confined your drinking to weekends. You appear in court looking fit and healthy.

“When there is use of a glass in a public place normally courts would almost automatically impose a custodial sentence. A case could be made that you should serve less than 26 weeks.

“I have come to the conclusion there are certain things that are exceptional. I am not even going to impose a custodial sentence and then suspend it.

“I haven’t the slightest desire to impede you in your valuable work. Unpaid work would lead to financial loss for you. There is no particular purpose in supervision. I stress this is an unusual course for a glassing.

“Consider yourself extremely lucky you are not actually going inside or getting a suspended sentence. I think this is a just sentence in the circumstances.”

McFadden had already served the equivalent of a two-month sentence while on a qualifying curfew.

He was ordered to pay the compensation within two weeks and given six months to pay the fine and £500 towards prosecution costs.