A Kit-kat worker who bit off part of a man's ear in a street fight has walked free from court.

But Lea Calvin Barker, 27, must pay £2,000 compensation to his victim, Stephen Lamb.

He also received an 18-month jail sentence suspended for two years.

Recorder Jonathan Gibson said the injury was "serious and permanent", but the case was exceptional because Barker had tried to avoid trouble by leaving The Gallery nightclub before the fight in High Ousegate.

But he had been approached and punched by Mr Lamb and the two had fallen to the ground where they had struggled together. Barker himself had been kicked.

At his trial, the prosecution alleged that Barker had "rushed" at Mr Lamb near the kebab stand in High Ousegate after the pair had an altercation in the nightclub.

But the jury at York Crown Court acquitted the Nestl employee from Brailsford Cresent, Water Lane, Clifton, of causing grievous bodily harm with intent, and convicted him of causing grievous bodily harm, by a majority.

When he returned for sentence, the judge said this meant the jury had decided he had acted in self-defence and had gone too far.

The judge added that when police arrested Barker shortly after the fight, he was not violent towards them, though he was abusive.

"It is quite clear the others (Mr Lamb and his party) came looking for you to attack you at that stage as well," he said.

For Barker, Paul Williams said: "It is quite clear this incident was an aberration in this man's character."

Apart from a couple of minor matters, Barker had no previous convictions.

He had a "job for life" at Nestle where he made Kit-Kats and was a good father to his daughter, for whom he paid weekly maintenance.

The judge read character references and a pre-sentence report.

York landlord Derek Grange, told the court Barker had been a regular at his pub, the Nag's Head, for five years and had never caused any problems.

On one occasion, he had helped staff with another drinker who had been aggressive towards the landlord's son and escorted the other pubgoer off the premises.

Updated: 12:30 Thursday, April 26, 2001