A man who smashed an ashtray into the face of a nightclubber in drunken late-night violence, has avoided a return to prison.

Carl Foster-Harvey's unprovoked attack on Laurence MacKenzie-Hoyt left the victim with a two-inch cut above his eye, said prosecutor Rob Galley.

Mr Galley told York Crown Court how Foster-Harvey and Mr MacKenzie-Hoyt had been at the Gallery nightclub with separate groups on the night of February 13 last year.

Tensions flared between their groups and though matters were calmed down, 40 minutes later Foster-Harvey approached Mr MacKenzie-Hoyt's group swearing and holding a glass ashtray.

He was asked what he was doing with it, raised his right hand and hit Mr MacKenzie-Hoyt in the face.

Foster-Harvey was identified at the scene as the attacker and arrested. He denied being the attacker, but the victim's DNA was found on his sleeve.

Mr MacKenzie-Hoyt needed stitches to the cut above his eye.

It was the second time that Foster-Harvey, an area manager of a mobile phone company, had appeared at York Crown Court for drunken violence.

In 2004, he was jailed for 18 months after he and a friend finished his 18th birthday celebrations by attacking a husband and wife in Selby so badly the husband had to drink through a straw for a week.

Foster-Harvey, now 22, of Salmond Road, Acomb, pleaded guilty on the day he was due to stand trial to causing actual bodily harm on Mr MacKenzie-Hoyt.

Instead of sending him back to prison, Recorder Nigel Sangster QC suspended a nine-month prison sentence for two years on condition that he does 12 months' supervision and 100 hours' unpaid work. Foster-Harvey must also pay £300 compensation to Mr MacKenzie-Hoyt and £700 prosecution costs.

For Foster-Harvey, Matthew Harding said he had saved £1,000 from his wages to meet any court fine or bill. He gave no further mitigation after the judge said he would suspend the prison sentence.