A JUDGE chose not to send a thug to jail after 'reflecting on the fact prisons are overcrowded'.

Christopher Pilkington, 43, gave 65-year-old Keith Harwood an 'extremely unpleasant beating" for no apparent reason in Accrington.

The court was showed pictures of Mr Harwood's injuries which the judge said were a 'graphic indication' of the Pilkington's violence.

Recorder Robert Shaw said the suspended sentence he handed down to Pilkington, of Marsden Street, Accrington, was 'probably wrong'.

But Recorder Shaw said that Pilkington would be released early if he was jailed and that 'would be the end of the matter'.

Instead he imposed a 12 -month jail sentence suspended for two years, a six month curfew between 7pm and 6am and ordered Pilkington to pay £1,250 compensation to his victim.

The attack Mr Harwood was attacked on May 3 last year as he went to a polling booth to vote, Burnley Crown Court heard.

The victim did not suffer serious injury in the beating, but an impact statement before the court outlined the effect the assault had had on him.

Pilkington, a former roofer who has criminal record, had been drinking, although he claimed to be just a recreational drinker.

Mr Harwood suffered two wounds to the head during the unprovoked attack, the court was told.

Recorder Shaw told Piilkington what he had done was absolutely disgraceful and he could have had no complaints at all if he left the court in a prison van.

He said: "I have to reflect on the fact prisons are overcrowded.

"One of the effects of a custodial sentence is that you may be released early, that would be the end of the matter and Mr Harwood would receive no direct benefit at all from simply locking you up.

"Mr Harwood would receive no direct benefit at all from simply locking you up."

Pilkington had earlier admitted assault.

Michael Lavery, defending, said the violence was short-lived.

Pilkington was on incapacity benefits because of dizzy spells and high blood pressure and could not work as a roofer.

Mr Lavery said: "It seems alcohol is an issue and has been in the past."