ONE of the three men jailed for killing a fellow drinker in a York flat could be released in time for Christmas.

Paul Darch has had his sentence cut to 18 months - so he can have a home to go to when he leaves prison.

The judge, Mr Justice Peregrine Simon, showed mercy to Darch after hearing that a longer sentence would result in City of York Council seeking his eviction over rent arrears.

Darch, of Horsman Avenue, York, who was convicted of 50-year-old Peter Robinson's manslaughter on November 8, is now expected to be released before Christmas.

The judge said Darch, 47, suffers from "considerable learning difficulties" and his flat, over which he has a secure tenancy, has been an "important and stable focus for him".

But for Darch's "personal mitigation", Mr Justice Simon said he would have jailed him for three to four years. "However, this is not a normal case," he said.

Darch, who was cleared by a Leeds Crown Court jury of murdering Mr Robinson, was initially handed a two-year term, but the judge today agreed to "vary" that to 18 months. After taking into account time spent on remand, he is expected to be released next month.

His counsel, Paul Williams, said he would not receive housing benefit while in prison, and if his release were delayed until March next year - as it would have been had the two-year sentence stood - he would have built up £750 in rent arrears.

That would inevitably have resulted in the city council seeking possession of his flat over the arrears, leaving him homeless, the barrister told the judge, who was sitting yesterday at the Royal Courts of Justice, in London.

Given his conviction and potential "threats of reprisal" over Mr Robinson's killing, Mr Williams accepted Darch may in the end be transferred to another property - but at least he would retain his rights as a secure tenant if the sentence were shortened.

Two other men, John Wood, 39, and Wilfred Barlow, 44, were found guilty of murdering Mr Robinson in February this year and were each jailed for life, to serve a minimum of 15 years.

On February 28, Darch had been drinking with Barlow and Wood, in Wood's flat in Trent House, Margaret Street, York, when there was a discussion about an alleged indecent approach by Mr Robinson to Wood's girlfriend, Karen Bulmer, who was also there.

When Mr Robinson arrived he was attacked, and received at least 19 kicks and punches to his face, head and neck. Bloodstains were found on the walls, bed, door and floor in the room.

At the original sentencing hearing, Mr Justice Simon said he was imposing the two-year term because of Darch's mental limitations and his limited role in Mr Robinson's killing.

The prosecution accepted that Darch's participation was secondary, that he knew something was going to

happen, gave Mr Robinson one kick, and that his role was to look after Ms Bulmer.

And the judge accepted that Wood and Barlow had stronger characters than Darch, who lacked literacy and numeracy skills, although managing to live in the community.

Updated: 12:26 Tuesday, November 29, 2005