A father who stamped on another man when violence erupted outside a nightclub escaped a jail sentence after a judge said it would inflict punishment on his family.

Judge David Griffith-Jones QC told Scott Secrett he was prepared to “take a merciful course” and give him another chance.

“I very much hope you recognise you have escaped immediate imprisonment by the skin of your teeth and you don’t let me down,” he added.

Secrett, 42, was wearing flip flops when he stamped “towards” Barry Allen’s head in the car park of Layzell’s Tavern Club in The Broadway, Sheerness.

The 42-year-old construction site manager was convicted last month of attempting to cause grievous bodily harm with intent and cleared of wounding with intent and an alternative of unlawful wounding in relation to a “hideous” gash the victim suffered to his nose.

Doorman Matthew Plowman was accused of squirting pepper spray in Mr Allen’s face to subdue him, but was acquitted of administering a noxious substance with intent.

The prosecution alleged the burly 44-year-old used the unlawful spray three times on Mr Allen leaving him “incapacitated” with stinging eyes and a burning sensation.

Maidstone Crown Court heard after an incident in the club on August 21 2016 Mr Allen was “unruly and belligerent” and asked to go outside with Mr Plowman shortly after 2am.

CCTV of the incident was shown to the jury.

Prosecutor Simon Blackford said Secrett seemed to have Mr Allen pinned against a car. Mr Allen became more aggressive, putting his arm around Secrett’s neck and trying to drag him down.

“I bear in mind the punishment an immediate sentence could inflict on your family and I am prepared to take a merciful course...” - Judge David Griffith-Jones QC

It was then Mr Plowman was alleged to have gone over and sprayed him. There was a prolonged struggle between Secrett and Mr Allen and they went down between cars.

Secrett “vigorously” stamped on Mr Allen. He moved away but then returned and stamped on him again.

Mr Allen was taken to hospital. His T-shirt was found to have the components of a pepper spray, as well as blood, on it. He said he felt a bite to his nose.

Mr Plowman, of Oak Lane, Minster, denied having a pepper spray on him or using one.

Secrett, of St Helen’s Road, Sheerness, said he was asked by door staff to help calm down Mr Allen and was attacked. He claimed at one stage Mr Allen bit his leg.

The court heard Secrett was in 2000 jailed for 30 months for causing grievous bodily harm with intent and inflicting grievous bodily harm.

The father-of-three had not offended since. His partner was a full-time carer for his disabled son.

Judge Griffith-Jones said Mr Allen’s actions were not blameless but he did not accept Secrett’s intervention was to protect him.

The jury gave him “the benefit of the doubt” about the more serious injury.

“While I accept Mr Allen was highly intoxicated and his behaviour had been aggressive, provocative and reprehensible, it is clear from CCTV footage he had largely calmed down and had been placated by others by the time you came over,” he said.

“You were bigger than him. You could have readily extracted yourself and departed from the scene sooner than you did.”

But suspending two years imprisonment for two years and ordering 200 hours unpaid work, the judge added: “I bear in mind the punishment an immediate sentence could inflict on your family and I am prepared to take a merciful course.”