A Long Sutton man who fractured his uncle’s jaw after a fight has walked free from Lincoln Crown Court.
Martyn Johnson carried out the attack on Colin Carter in his victim’s home back in January but was originally only given a police caution because the injuries were thought to be minor.
Phil Howes, prosecuting, said that Mr Carter’s condition later worsened and he was subsequently diagnosed with a fractured jaw and operated on.
As a result the cautioned was rescinded and Johnson was charged with inflicting grievous bodily harm.
Mr Howes said “Mr Johnson had gone to speak to his estranged girlfriend who was staying with Mr Carter. He was told to go away but he persisted and he went into the house. Mr Carter tried to remove him and the defendant got him in a headlock. The defendant punched him to the right eye.”
Johnson (25), of London Road, Long Sutton, admitted inflicting grievous bodily harm on January 26. He was given a conditional discharge for nine months.
His barrister Sam Skinner told the court that Johnson, who has no previous convictions for violence, is now reconciled with his uncle.
Judge James Sampson said that in the circumstances he could take an exceptional course.
He told Johnson: “You behaved badly and you know it. Your uncle suffered very serious injury as a consequence.
“On the face of it there was nothing wrong with the caution being imposed. The police were not to know the serious nature of the injuries. The fact that you have appeared in this court is some punishment.”