A father who slashed a bouncer with a piece of glass after arming himself for protection from a group attack has been spared a jail sentence.
Mr Shine suffered a cut to his little finger and needed hospital treatment to glue it.
McIlwraith, of the town’s Melford Drive, denied assault causing actual bodily harm and possessing an offensive weapon, but was convicted by magistrates.
He appeared for sentence at Maidstone Crown Court and a judge decided the injury was caused recklessly rather than deliberately.
The 25-year-old was sentenced to 12 months imprisonment suspended for two years.
He will be subject to a tagged curfew from 9pm to 6am for six months.
Prosecutor Keith Yardy said McIlwraith had been in a confrontation with one of the men at the bar in Upper Stone Street on March 4 and was asked to leave.
He was outside in the early hours when the five men came out and there was a further confrontation.
Mr Shine took hold of McIlwraith before releasing him.
McIlwraith then picked up the piece of glass from a bottle and made hand gestures to one of the other men.
“It is regrettable, to say the least, that the person who was the victim was trying to help you” – Recorder Sarah Elliott
“Two of them moved swiftly towards him,” said Mr Yardy.
“The doorman tried to diffuse the situation. Punches were thrown by both parties over Mr Shine.
“Unfortunately, in the course of it he sustained an injury to his hand.
“He swiped the defendant’s right leg so that he fell to the ground.
“He restrained him until the police arrived.”
At his trial, McIlwraith claimed one of the other men had a key between his knuckles and must have caused the injury to Mr Shine.
Mr Yardy said the victim lost about £200 in wages as a result of being injured.
Tom Dunn, defending, said it was at first “one way traffic” from the group, but McIlwraith, who has mental health issues, was not blameless.
Recorder Sarah Elliott QC told McIlwraith: “It is regrettable, to say the least, that the person who was the victim was trying to help you.
“It is of regret that he, being a Good Samaritan, was injured in the course of doing so.”
She added: “In considering everything, the interests of justice can be met by a suspended sentence.”
Recorder Elliott said she could only order £50 compensation because of unemployed McIlwraith’s lack of means.
Source – kent online