A businessman who attacked a man and kicked him outside a Bicester nightclub has escaped a prison sentence because his victim was a "drunken nuisance".

Desmond Costello, 32, who denied causing actual bodily harm, was convicted by a majority jury verdict at Oxford Crown Court.

Costello, who runs his own business in Bicester, was caught on CCTV attacking John Ditchburn outside the Litten Tree, Sheep Street, in the early hours of May 26.

The court heard Mr Ditchburn was causing a nuisance to women on the dancefloor.

Costello intervened to help and alerted a doorman who ejected Mr Ditchburn, but he waited outside for Costello.

Judge David Morton Jack said he charged at Costello who was forced to defend himself, but said he took it too far by using a bottle and kicking.

In sentencing, Judge Horton Jack said: "There is no excuse for it but it's also plain that your victim was a drunken nuisance."

Costello was sentenced yesterday to a 140-hour community punishment order and ordered to pay £1,100 costs.