A JUDGE spared a man from jail so he could help care for his son who is suffering from a rare cancer.

David Buckley's son, who celebrates his third birthday today, is one of only three children in the UK with cancer of the eyes.

Judge George Moorhouse told the 23-year-old when he appeared in court yesterday that he should have been locked up for the catalogue of drunken violence .

But the judge showed mercy after hearing Buckley's barrister Rod Hunt say life had punished him far more than any court could.

The boy has been receiving chemotherapy at Birmingham Children's Hospital, but has already lost his sight in one eye.

Mr Hunt said: "If it fails in the other eye, then both eyes will have to be surgically removed, and if that fails, the condition will be terminal."

Buckley, of Hambleton Avenue, Thirsk, North Yorkshire, admitted two assaults occasioning actual bodily harm, wounding, threatening behaviour and criminal damage when he appeared at Teesside Crown Court.

Judge Moorhouse said he was bearing in mind the nine months he has already spent in custody - the equivalent of an 18-month sentence - and his personal circumstances.

Buckley received a two-year sentence suspended for two years for the wounding on July 19 last year, and further suspended sentences of two years for the actual bodily harm offences, as well as one month suspended for the criminal damage and threatening behaviour.

Judge Moorhouse told him: "Let this be a warning to you. Any offence in the next two years involving violence and you will go to custody. But at the moment, someone desperately needs your help so it is up to you to cut out the drink and behave."

The court heard how Buckley has previous convictions for two affrays and two assaults occasioning actual bodily harm.

Graham Reeds, prosecuting, said the two most recent actual bodily harm charges arose from attacks on the same man, Jason Childs, at his home in July 2002 and March last year, the most serious of which resulted in him receiving a broken nose and head wound.

Last July, he wounded Donald Rogers after going to his home with two others and attacked him before hitting him with a lamp standard.

When he was arrested a short time later he threatened violence towards police officers and kicked their squad car.