A MAN who assaulted his own uncle with a beer glass at a pub escaped a prison sentence.
Kevin David Mitchell, 26, only caused a scratch to his uncle Brian Mitchell's ear.
Mitchell, of Parklands in Little Sutton, admitted an assault charge following the incident on Christmas Eve, 2004.
The prosecution indicated there had been an 'inexcusable delay' in the case.
At Mold Crown Court the defendant was ordered to carry out 200 hours unpaid work and pay his uncle £150 compensation.
Mr Recorder Nic Parry said if he had caused the type of injuries that would be expected from such an attack, he would have been going to prison for at least four years.
The injury was mercifully minor and it was because of that he could withdraw from imposing a custodial sentence.
Mr Parry added the delay was something he took into account in sentencing, and accepted it was nothing to do with the defendant.
Prosecutor Matthew Corbett Jones said the incident took place at The Clwyd Hotel in Shotton.
There had been an altercation over some missing DVDs and the defendant had been heard to say that he was going to glass his uncle.
He promptly struck his uncle with the glass but only a very minor injury was caused, which was little more than a scratch to the inside of the ear.
There had been a delay in the case and the file had not been passed on when an officer left the force.
Defending barrister Simon Leong said his client was clearly affected by drink, but he was a hard worker.
Mr Leong asked the court to take into consideration the fact he had no convictions for violence.
The defendant was a man with dependents and Mr Leong said the long delay meant the case had been hanging over his client for a long time.
