TWO men who assaulted another pubgoer walked free from court after the judge said they were provoked by the victim.

Theo Dalton, 19, and Steven Mundy, 22 had admitted charges of assault occasioning actual bodily harm over the attack on Ricky Lawrence outside the Corridor pub, in Oxford’s Cowley Road.

Giving them suspended prison sentences at the city’s crown court, Judge Patrick Eccles said their violence could not be justified, but that it was “clear from CCTV footage that Mr Lawrence swung the first punch”.

He said: “I have no idea who said what, or what happened in the pub.

“However, this was a gross over-reaction.

“Normally, this matter would be so serious it would cross the custody threshold and it would be right that you serve immediate prison sentences.”

Mr Lawrence was left with permanent scars on his face after he was punched, kicked and stamped on in the early hours of October 31 last year.

Dalton, 19, of Poplar Grove, Kennington, and Mundy, 22, of Fanshawe Place, Cowley, both had previous convictions, Mundy for criminal damage in 2009, and Dalton for a public order offence in 2008 and a case of battery last year.

Cathy Olliver, prosecuting, told the court: “There was pushing and shoving.

“Mr Lawrence was punched, kicked and had his head stamped on.

“He was left with bruising to his left eye and a cut to the nose, which left permanent scarring.

“The victim couldn’t really remember what had happened to him.

“After he was arrested, Dalton was very vague in his interview and said he couldn’t remember what had happened.”

Lucy Tapper, defending both men, said Mundy was left with a broken nose after being “hurtled across the road by an almighty headbutt” from Mr Lawrence.

They were “ashamed” of their behaviour, she added.

Mundy was given a four-month prison sentence, suspended for a year, a 12-month supervision order, told to do 100 hours’ community work and ordered to pay £500 compensation and £750 costs.

Dalton was given an eight-month prison sentence, suspended for a year, a 12-month supervision order, 100 hours’ community work and a 28-day curfew from 8pm to 6am.

He was also ordered to pay £300 compensation and £750 costs.