A BRIDGWATER man has been spared jail after biting a man’s ear off in a drunken brawl.

Joseph Bushnell, 26, from West Street in Bridgwater was handed an 18 month suspended sentence for his part in a fight outside The Palace Nightclub in Bridgwater in January this year.

Bushnell, who has a severe form of Asperger’s Syndrome, was sentenced at Taunton Crown Court on Friday.

Prosecuting, William Hunter said: “The incident happened in the early hours on Thursday, January 28 this year.

Both the victim and defendant were on a night out with friends at The Palace Nightclub in Bridgwater.

"All members of their group were intoxicated late on the Wednesday evening and there was an initial altercation just outside the nightclub between the victim and the defendant with some aggressive behaviour but staff broke them up before they could come to blows and they returned to the nightclub."

The court heard that later outside the nightclub the victim got into a second altercation with Bushnell after provoking him.

"They fought and the defendant, who is considerably larger than the victim, got him into a bear hug and as they jostled the defendant sunk his teeth into the victim, biting the top of the victim’s ear off – the remains of which were never recovered," Mr Hunter said.

The defendant was arrested in March following a CCTV appeal by the police.

"There was certainly a level of provocation, it is quite clear from the CCTV footage that the victim wanted to fight," Mr Hunter added.

Paul Light, defending Bushnell, said: "I think it is fair to say that had the police intervened earlier then actually the victim could have been charged as he assaulted the defendant first.

"He has Asperger’s, his mother is employed as his full time carer and he is on the higher rate of disability benefits.

"So the reaction has to be seen in light of the condition he has. He could not remember the bite itself but when we went through the CCTV footage he accepted he must have done it.

"This offence simply would not have happened had the victim not provoked the attack."

Recorder Freeman sentencing said: “You are 26 years of age, you have a number of previous convictions but none are as serious as this.

“You are a big man and it must have been a terrifying experience for the victim, but there are two reasons I am not going to give you an immediate prison sentence.

"The first is that your victim provoked you and secondly your Asperger’s syndrome, which means not have realised what you were doing as a normal person would."

Bushnell was sentenced to 18 months in prison suspended for two years and was given a curfew, rehabilitation activity requirement, £100 victim surcharge.