TWO thugs have jail sentences hanging over their heads after a street brawl in the centre of York.

Lord Alfred Wharton, 29, and Edward Wharton, 30, barged past Jason Conibere and his father in Fossgate on January 22, 2006, said Abdul Iqbal, prosecuting at York Crown Court.

Lord Alfred Wharton hit Mr Conibere on the back of the head with a bottle and Edward Wharton then joined in the assault.

Helen Hendry, for Lord Alfred Wharton, handed in a medical report on his client's wife, which gave details of how he was helping her.

But Recorder Timothy Roberts told Lord Alfred Wharton: "It is no passport to unseemly, violent behaviour to say you have got a sick wife and nobody can punish you."

Giving both men suspended jail terms, he told them that in future whenever they were tempted to commit violence: "I want you to remember the feeling you had coming into court this morning wondering where you would spend the night."

Lord Alfred Wharton, of Danebury Drive, Acomb, admitted wounding and was given a 51-week jail term, suspended for two years, with two years' supervision, 100 hours' unpaid work and a behaviour programme.

He had a couple of previous convictions for violence, but had been out of trouble for some time.

Edward Wharton, of Ascot Way, Acomb, admitted affray. He got a 28-week jail term, suspended for 18 months, with 12 months' supervision and two behaviour programmes. He has a long record for violence and has served prison terms in the past.

Both will have to take part in compulsory sessions on tackling anger management.

Mr Iqbal said Mr Conibere did not provoke the violence and suffered bruising and a 3cm cut to the back of his head.

Miss Hendry said the Coniberes had been carrying pool cues and had attacked the Whartons. She said there was a history of trouble between the Whartons and Jason Conibere.

Lord Alfred Wharton had swung the bottle recklessly and it was not clear whether it broke on hitting the victim's head or the ground.

Nicholas Johnson, for Edward Wharton, said his client had significantly cut his drinking, thereby reducing the risk of him reoffending.