A MAN has been spared jail despite taking part in a street attack after a judge heard he would be bullied behind bars because of his lack of stature.

Andrew Watson was part of a gang that carried out what they believed to be a punishment beating in Darlington town centre last summer.

The victim was set upon because his attackers believed he had sexually assaulted Watson’s girlfriend months earlier.

Watson, who is only 4ft 11in, waded in after the seemingly innocent man was knocked to the ground, kicked and stamped on.

The 26-year-old twice kicked his victim, who also had £50 taken from his wallet.

The attack happened close to the town hall as the man walked home with two female friends in the early hours of July 10.

He was left with swelling and bruising around the right eye, cuts to his arms, bruises and a cut nose, Teesside Crown Court heard.

Watson denied all knowledge of the incident, but after learning the area was covered by CCTV said that he had instead tried to help the victim.

The court heard Watson does not drink alcohol because of a medical condition, and had an operation shortly before.

He was identified by a distinctive white bandage around his head, which he had been wearing for two months after the surgery.

Peter Sabiston, mitigating, said the construction site supervisor and machine driver was terrified about the prospect of prison.

“He is fearful of custody and it is not the normal fear one sees from defendants,” Mr Sabiston told Judge Peter Bowers. “He is a man who is only 4ft 11in tall and suffers bullying in the best of environments, let alone in a custodial setting.”

Watson, of Raby Gardens, Shildon, County Durham, admitted affray and was given a ten-month jail sentence suspended for 18 months.

He was also ordered to carry out 150 hours of unpaid work and pay £500 costs and £500 compensation.

Judge Bowers also imposed a four-month electronic tag curfew from 8pm to 4am, and ordered 18 months of supervision.