A MAN attacked a fruit delivery driver who was dropping off lemons and mint at an Oxford nightclub after mistaking him for a thief.

Steven Clegg, of no fixed abode, pushed his victim to the ground during the assault at Thirst Nightclub, Park End Street, on the morning of April 14 last year.

Oxford Crown Court heard at his sentencing hearing yesterday how the 32-year old took the extraordinary measure under the mistaken belief that his victim was up to no good.

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Clegg demanded to know what the man was up to before going on to 'push him to the floor'.

He later admitted one count of assault by beating in relation to the incident.

In mitigation his defence team said that the offence was committed while Clegg was under the influence of alcohol.

The court went on to hear that Clegg had already been made subject to a separate community order by Cambridge Crown Court for unrelated offences.

As part of that order Clegg was made subject to an alcohol treatment requirement aimed at tackling the cause of his offending.

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Sentencing yesterday Judge Maria Lamb said that in light of that existing order she would give him a chance to obey the court before passing sentence in three months time.

She said: "If there is no further trouble and if you have made a positive response to your community order it will not be a sentence of immediate custody.

"If you break it then all options are open."

Judge Lamb ordered a deferred sentence and the case will be heard again at the same court on September 13.