A MAN who appeared to attack an apparent stranger from behind during a night out has avoided being sent back to jail.

Matthew McMullen was seen by a police officer to potentially have struck a female in the early hours while out with friends in Evesham.

Speaking in Worcester Magistrates’ Court earlier this month, prosecutor Lesley Ashton said the officer had viewed CCTV footage of the incident, but this had not been seen by the CPS.

27-year-old McMullen, who is on licence from prison, apparently struck the woman “for no apparent reason”, according to the officer, as he waited on Mill Street at 2.15am on October 13.

Miss Ashton said, following the incident, the defendant was “standing in a doorway saying something to female” before getting into a Vauxhall vehicle, before it drove away.

Jo Outhwaite, defending, confirmed that her client and the victim “are not known to each other” and described the incident as “very unusual”.

She said he believed the victim was in actual fact a man, not a woman, and that no complainant had come forward, while the officer could not be sure that his attack connected.

“Mr McMullen describes being very intoxicated at the time,” she continued. “This is an offence when he was quite heavily intoxicated.”

Mrs Outhwaite said McMullen, who receives Employment and Support Allowance, was diagnosed with ADHD when he was younger but believes he has “grown out of it”.

She suggested “when he drinks he behaves in an exaggerated fashion” possibly due to ADHD and said, “this is an example of him doing just that”.

The solicitor added that he is “still on licence but there is no suggestion for a recall”.

McMullen accepted a public order charge of affray under Section 4 of the Public Order Act (causing fear or provocation of violence) when appearing in court on April 12.

He was given a 12-month community order, which included 100 hours of unpaid work, and was also ordered to pay a total of £220 in fines and costs.