TWO brothers jailed for their involvement in a nightclub attack with a baton have today been freed from their jail terms by top judges.

London's Criminal Appeal Court heard 19-year-old Anton Ashley Christopher Shepherd hit a man with the baton after his brother, 21-year-old Sebastian Lee Shepherd, took it to the Liquid and Envy nightclub, in Blackburn town centre.

At Preston Crown Court on July 1 this year, Anton was jailed for 12 months after admitting unlawful wounding and Sebastian received a six-month term after he pleaded guilty to possessing an offensive weapon.

But the appeal judges freed them when they ruled the 'unusual' facts of the case meant the brothers, of Selous Road, Blackburn, should have been handed community sentences.

Lord Justice Laws, sitting with Mr Justice Treacy and Judge Andrew Gilbart QC, told the court the attack took place at the nightclub on June 1 last year.

The court heard Anton was punched to the floor and hit with a bottle by a man in the club and rang his brother to ask for a lift home.

Sebastian went to the club, taking an extendible baton with him, which Anton then used to hit the man who had punched him, causing a cut to the back of his head.

Lord Justice Laws said the complainant later taunted Anton on social networking site, Facebook, admitting that he had punched him.

The judge said the court had received a number of 'glowing testimonials' to both brothers and Sebastian had no previous convictions, while Anton had a previous reprimand and a caution - both for assault.

Lawyers acting for the brothers argued they should not have been locked up, saying the Crown Court judge didn't take enough account of their youth, personal circumstances and the lack of serious injury to the victim.

They also told the court both men had jobs to go to on release.

Allowing the appeal, Lord Justice Laws said he regarded it as an 'unusual case' and was prepared to take an 'exceptional course' by handing both men community sentences.

Anton was given a nine-month sentence, suspended for two years, with 100 hours unpaid work, and Sebastian was given a community order with 12 months supervision.