A NEWTON bouncer, who punched a helpless customer in the abdomen causing a perforated bowel, has walked free from court.
The victim, Martin Robinson, has still been unable to return to work after the attack a year ago, and faces further surgery.
But a judge did not jail Lucca Curri because he helps his partner care for her two autistic children and he ruled this was exceptional circumstances.
Judge David Harris, QC, who heard from a social worker how the 20-year-old and 25-year-old would be affected by a change in their routine, told Curri that a 27-month sentence would otherwise have been appropriate.
Mr Robinson was being held by another bouncer, Matthew Foy, who was in the process of ejecting him, when Curri attacked him and he then too joined in the attack.
But the judge said that because he was not jailing Curri it was not appropriate to send Foy to jail either.
Curri, 37, of Acorn Street, Newton-le-Willows, had been convicted of inflicting grievous bodily harm and Foy, 24, of Pilling Lane, Chorley, was convicted of assault by beating after a trial.
The victim, who worked in a call centre, spent four months in hospital after the assault and had to undergo a number of operations.
Judge Harris sentenced Curri to an 18-month-old community order and ordered him to carry out 300 hours unpaid work. He also imposed a six month electronically monitored curfew between 7 pm - 7 am, and ordered him to pay £1,000 compensation.
He sentenced Foy to 12 weeks imprisonment suspended for 18 months, ordered him to carry out 100 hours unpaid work. Both men were placed under supervision for 12 months.
Liverpool Crown Court heard that on April 2 last year 23-year-old Mr Robinson was in the Independence night club in King Street West in Wigan when the incident occurred.
Judge Harris said that Mr Robinson had been clearly drunk and had used offensive language which was “an irritant and nuisance” to Curri.
Foy let go of him and Curri went to Mr Robinson as he lay incapable of defending himself and punched him a number of times. It had been suggested he had kicked him but the judge said the evidence about that was uncertain.