A MAN who attacked a woman and someone who rushed to her aid outside a takeaway in York has avoided an immediate prison sentence.

Christopher Andrew McLeod, 27, pushed Briony Costello to the ground outside Yummy Chicken takeaway in Pavement at about 3.15am on April 24 after knocking her food from her hands, and caused her bruising and scratches over her body.

When Richard Magson, a fellow customer, stepped in to try to prevent further injury to Ms Costello he was attacked and pushed to the ground, where he received a fractured sinus and suffered bruising and swelling.

McLeod, of West Nooks, Haxby, admitted common assault on Ms Costello, and one count of affray relating to Mr Magson’s injuries - though he denied throwing the punches which caused his serious injuries.

The former doorman admitted he had been drinking since about 8pm the previous evening. He had consumed seven or eight lagers or ciders but fully remembered the incident.

Anna Moran, for McLeod, said the incident happened after an argument in the takeaway and he appreciated his “response was wholly inappropriate”, and “how close he has come to losing everything he has”.

York Press:

Judge Batty, who passed sentence at York Crown Court

Recorder of York Judge Paul Batty QC told McLeod “for you, this is going to be an expensive night out”, and said he had considered an immediate prison sentence.

He said: “Drunken, mindless violence as this was simply will not be tolerated by the court.

“This was a quite disgraceful episode of drunken violence on your part. The CCTV footage is really quite shocking.”

York Press:

McLeod was sentenced to eight months in prison for affray and four months for common assault, but both sentences were suspended for two years.

He was also ordered to complete 200 hours of unpaid work, pay compensation of £750 to each of the victims, and £300 in court costs.

Judge Batty also praised Mr Magson’s actions, and said he would recommend him for a £500 reward from the High Sheriff of York.