A CLUBBER who assaulted a man to the danger of his life by fracturing his skull outside a Greenock nightclub has escaped a potential five-year jail sentence.

David Shirley — who claimed self-defence — punched the man then lifted him up and threw him to the ground, rendering him unconscious at Red on Cross Shore Street.

A police officer had to perform emergency CPR to resuscitate the injured man, who was rushed to hospital amid fears that his carotid artery may have been severed.

But Shirley has not been locked up for the assault - and has instead been placed on an electronic tagging curfew and told to carry out unpaid work.

Greenock Sheriff Court heard how the 19-year-old had gone to the aid of another late-night reveller who was crying as he was being assaulted by the man whom Shirley ultimately attacked.

Defence lawyer Andrew Kennedy said: “Mr Shirley’s first intention was to break it up and he did that.

“The complainer even shook hands with him and it was thought that peace had been made.

“However, the complainer tried to grab his throat and Mr Shirley punched him once.

“Mr Shirley leaves for a short time and then returns. His reason was not to cause further trouble but he was aware that the complainer was still on the ground and he went out of concern.

“His position is that the complainer was in a very aggressive frame of mind towards him and was shouting, ‘Do you know who I am? I’m going to stab you.

“Mr Shirley’s position was that he’d acted in self-defence.

“His perception was that the complainer made a move towards his waistband and Mr Shirley picked him up and threw him to the ground.”

The court was told that the injured man had sustained a fracture to his left temple, however, a hospital scan revealed that there was no damage to the carotid artery that supplies oxygenated blood to the head.

It was also stated that the injured man was ‘immediately aggressive’ towards the police officer who revived him at the scene following the incident on July 29 last year.

Solicitor Mr Kennedy remarked: “That is perhaps the nature of the person.”

But it also emerged that Shirley was told by a pal to leave the man alone following the initial punch because he was ‘twice the size of him’.

Sheriff Andrew McIntyre noted: “He had plenty of options to leave, and with some force he throws him to the ground and that results in the head injury.

Prison is at the absolute forefront of my mind.”

Mr Kennedy — who described his client as a ‘genuine first offender’ — responded: “This can be fairly said to be a one-off and Mr Shirley deeply regrets his conduct.

“He has expressed concern for the complainer in the background reports.

“A witness saw Mr Shirley on the phone to his mum, crying.”

Mr Kennedy added: “Mr Shirley is clearly horrified at the prospect of custody.

“He is a diligent student who is well regarding by his peer group and is looking to go to university and study computer games design.

“On balance, despite the seriousness of the charge, custody need not be the outcome.”

Sheriff McIntyre told Shirley: “It is difficult to imagine a more serious charge, other than one where someone’s life has come to an end.

“It demonstrates that even a brief display of violence can have terrible consequences.”

The sheriff added: “This is a difficult case because your solicitor points out fully and eloquently that you have no previous convictions, you lead a very positive and constructive life and the prospect is that you will go on to do more than you have done so far and be a constructive member of the community.

“I have to balance that with the fact that this was a criminal act and I am entitled to impose a significant sentence.

“I am also obliged to consider alternatives and I have reached the view that there is an alternative to prison here.

“I accept that you are genuinely remorseful.”

Shirley, of Dalriada Road, Port Glasgow, was ordered to complete 270 hours of unpaid work within nine months and was placed on an electronic tag to remain within his home between 7pm and 7am every day for three months.

He was warned that the ruling is a direct alternative to a custodial sentence, which could be for a period of up to five years.