A JUDGE told a court she did not approve after hearing a man who smashed a victim's cheekbone would not be prosecuted for assault.

Philip Hodgkinson, 36, is awaiting sentence after admitting threatening, abusive or insulting words or behaviour last June, at Burnley Crown Court.

Richard English, prosecuting, told the court there was conflicting evidence over the incident and it would have been difficult to persuade a jury as to what precisely took place. He offered no evidence on a charge of assault causing actual bodily harm

Mr English said when interviewed by police, Hodgkinson accepted striking a blow, which he claimed was self defence. He also acknowledged his behaviour after that amounted to a criminal offence.

Hodgkinson accepted he caused the injury to complainant Brian Marquis, who suffered a fractured cheekbone.

Judge Pamela Badley said Mr Marquis was seriously injured and she did not approve of the Crown's decision to accept a plea to a public order offence.

She continued: "If it had been at my discretion, he would have been tried."

The prosecution also offered no evidence on an assault allegation against soldier John Aldridge, 22, and he was discharged from the dock. Both Hodgkinson, of Lisbon Drive, Burnley, and Aldridge, of Manchester Road, Hapton, had denied the charge.

Hodgkinson was bailed until February 4, for a pre-sentence report.