A MAN who punched a bouncer and brandished two hammers outside an Oxford pub was jailed — and then released 45 minutes later after a judge changed his mind.

Harold McFarlane, pictured, had been sentenced to a year in prison by Recorder Sandeep Kainth, but was granted a last-minute reprieve when the prosecutor admitted she had inaccurately opened the facts.

The 45-year-old defendant was eventually given a suspended sentence at Oxford Crown Court on Monday having earlier admitted common assault and having an offensive weapon.

McFarlane, of Emperor Gardens, Greater Leys, punched doorman Halil Emini in the chest outside the Bullingdon Arms in Cowley Road, East Oxford, on September 26.

He then fetched a pair of hammers from his brother’s van and brandished them at the scene while “swearing aggressively”.

Joanne Sear, prosecuting, said McFarlane and his brother Patrick were refused entry to the pub in the early hours of the morning before the defendant punched the doorman in the chest, causing him to fall backwards.

Miss Sear told the court McFarlane, who has 10 previous convictions for 20 offences, then left the scene to fetch the hammers, before he “approached Mr Emini and was swearing aggressively”.

Recorder Kainth initially jailed McFarlane for 12 months, stating: “You struck the doorman unprovoked whilst in drink and then left.

“A short time thereafter you returned, but this time you had in your possession two hammers, one in each hand, and then brandished the hammers towards people who were there.

“That’s a significant aggravating feature.” But defence barrister Clare Evans, who had earlier said her client felt “complete remorse and embarrassment and shame”, immediately asked to appeal the sentence and Recorder Kainth agreed to adjourn the case for 10 minutes.

When the hearing resumed Miss Sear admitted McFarlane’s basis of plea, which was accepted by the prosecution, described the defendant being hit by one of the door staff and losing his spectacles before turning to the nearby van to get the weapons.

Miss Sear said she had only seen the plea basis “a minute” before the hearing began, accepted McFarlane had not technically left the scene and the fetching of the hammers was a continuation of the whole incident.

Recorder Kainth said: “Two of the aggravating features which I highlighted have now been corrected.”

He said to uphold the jail sentence would “cause potential injustice” and told McFarlane: “First of all you did not leave the scene and come back around with the hammers and second, at all times you were in very, very close proximity to the initial altercation.”

McFarlane was given a nine-month prison term, suspended for a year. He was also ordered to do 180 hours’ unpaid work and pay £1,500 costs and £100 compensation.