A partygoer who fractured a stranger’s jaw in an unprovoked attack in a Sunderland bar - leaving him permanently with metal fixing plates - has been spared jail.

Gary Miller, 47, threw one punch when his victim went to the counter to order a round of drinks and made small talk with him and others attending an engagement party.

Non-drinker Miller had downed four pints and was intoxicated when he lashed out on Friday, July 25, at the seafront Prego venue at Seaburn.

The assault led to the man taking himself off to hospital where he fainted and later needed surgery for his facial injury, magistrates in South Tyneside heard.

But unemployed HGV driver and dad-of-two Miller, of Grasswell Caravan Site, Houghton-le-Spring, did not escape unscathed.

During the 20 second melee, he broke his own ankle and has been unable to work since.

Miller, who has no previous convictions, pleaded guilty to a charge of inflicting grievous bodily harm without intent and was jailed for 26 weeks, a sentence suspended for a year.

Magistrates also ordered him to pay his victim £5,000 in compensation, saying justice had to be done.

Prosecutor Lauren Fisher said: “The victim was at Prego and went to the bar to get another drink.

“There was an engagement party and people were standing nearby, including the defendant.

“The complainant describes trying to make small talk with the engagement group like, ‘I might as well get another drink’.

“There was one punch to his jaw, which left him stunned and he immediately felt pain in his jaw from the punch.

“There was a scuffle, and he fell on top of the male. He then got an Uber to Sunderland Royal Hospital because his mouth was split.

“He had an X-ray and fainted at the hospital. The attack has a starting point of 26 weeks custody.”

Joanne Gatens, defending, said Miller was remorseful for his actions and genuinely sorry for the injury he had caused.

She added: “Having viewed the CCTV, it’s an incident which lasted for 20 seconds.

“There’s the defendant throwing one punch which connects with the complainant’s jaw and there’s a scuffle where punches are thrown. I don’t think many of them connected.

“There is no suggestion of provocation or that anything that happened that night was justified.

“Alcohol may explain why this happened. He has an HGV licence and would never risk his licence. Four pints in this regard was a significant amount.”

In a report read to the court, the Probation Service said Miller was intoxicated but could not recall what had triggered the incident.

It said he had fractured his ankle and had required surgery and was still under the watch of medics but hoped to return to work in March.

John Lee, chair of the bench, told Miller his victim would have plates in his jaw for the remainder of his life.

He added: “You’re a man of previous good character and no doubt this will be the first and last time you will find yourself in the confines of a court.

“There has to be justice for you but also for the victim.”