TWO men involved in a night-time melee in which one of them had a knife have escaped custody.

Leigh Smith, 21, and Daniel Pearce, 26, were both given community sentences at Burnley Crown Court.

Pearce told Judge David Pirie: "Thankyou very much" and promised not to do anything like it again..

Smith, whose conduct sparked the trouble off. was said to drink three cans of lager each night and 10 to 15 plus whiskies at weekend.

He was given 12 months community rehabilitation and told to pay £100 costs.

The defendant, of Beachley Square, Burnley, admitted threatening, abusive or insulting words or behaviour.

Pearce, of Penistone Street, Burnley, who was convicted after a trial of a similar allegation, was given 100 hours community punishment and 12 months community rehabilitation, with £150 costs.

The judge said the defendant had responded to what he seemed to have thought was injustice to his friend.

Judith MCullough, prosecuting, said last June, two police officers were on "juvenile nuisance" patrol in Hargrove Avenue, Burnley, and saw a group of youths.

They approached and the two defendants walked away.

The officers identified themselves, Smith urged them to search him but Pearce refused to stop.

Smith had cannabis on him , was told he would be arrested and tried to push past the police.

He was taken hold of, attempted to elbow an officer and was CS gassed.

Smith fell to the ground, was handcuffed and Pearce, who had a knife, became involved.

For Smith, John Woodward said he panicked because he had cannabis on him and knew he was going to be searched.

The defendant suffered quite badly at the hands of the police and claimed he was CS gassed without warning.

Smith had no idea his co-defendant had the knife. He had not offended since the incident.

Martin Hackett, defending Pearce, said he was facing possible custody. He seemed to be a young man of talent and some potential and had lost his job as a fork lift truck driver because of the case.

He was willing to act as carer for one of his sick parents which showed a degree of maturity.

Pearce committed the offence when he had taken drugs and a small amount of drink.

He had shown a real intention to settle down and put such behaviour behind him.

By WENDY BARLOW

Court Reporter

Struggle pair

are spared jail

Knife was found on man, court told