A MAN who attacked a fruit delivery driver dropping off lemons and mint at an Oxford nightclub, after mistaking him for a thief, has been spared jail.

Steven Clegg, of no fixed abode, pushed his victim to the ground during the assault at Thirst Nightclub, Park End Street, on the morning of April 14 last year.

At an earlier hearing at Oxford Crown Court it was revealed how the 32-year old carried out the attack under the mistaken belief that his victim was up to no good.

Clegg demanded to know what the man was up to before going on to 'push him to the floor'.

He later admitted one count of assault by beating in relation to the incident.

READ AGAIN: The original sentencing hearing earlier this month.

Clegg had already been made subject to a separate community order by Cambridge Crown Court for unrelated offences. As part of that order Clegg was made subject to an alcohol treatment requirement aimed at tackling the cause of his offending.

In mitigation at yesterday's sentencing hearing his defence barrister Helen Easterbrook said her client 'still has troubles with alcohol but he is improving.'

She added that he was determined to 'get his life back in order.'

Asked by presiding Judge Maria Lamb about his progress Ms Easterbrook said Clegg had ambitions to work in the fashion industry and had qualifications including graphic design and fine art.

Sentencing, Judge Lamb said following his good progress she could order a conditional discharge for 12 months.

She said: "I do encourage you to make the best of it. You are clearly a man who is prepared to work and has some talents.

"Now is the time to turn things around isn't it, break the cycle."