A queue jumper in a fish and chip shop caused a brawl that left a young soldier battered and unconscious on the floor.

Paul Hirst tried to barge in front of tank commander Corporal Duran Shaw as he waited to order chips at the Fish Buffet in Market Street, Newton Abbot at 2am on a Sunday morning.

Shaw stood his ground and lashed out at Hirst, sparking a mass brawl in which another customer and the shop’s security guard joined in.

CCTV images showed Shaw being knocked and then kicked in the head by Hirst before the doorman and members of the public intervened to separate the warring parties.

Shaw was left unconscious on the floor and needed an MRI brain scan in hospital after trying to get up and collapsing for a second time.

Hirst, aged 36, of Barton Drive, Newton Abbot; Shaw, aged 26, of Fordlands Avenue, Newton Abbot, and Jack Murray, aged 29, of Workington, Cumbria, all admitted affray when they appeared at Exeter Crown Court.

Hirst was jailed for 12 months, suspended for 18, ordered to do 240 hours unpaid community work, and fined £1,000; Shaw was fined £500; and Murray was jailed for 10 months, suspended for a year and fined £500 by Judge David Evans.

He told them: ‘I have watched the CCTV footage and it is truly shocking. The case is aggravated by its location and timing, taking place in front of other members of the public.’

The fracas happened in May 2017 but has taken more than two years to come to court. The judge criticised the delay as appalling but said it led to Hirst avoiding an immediate jail sentence by proving he could stay out of trouble in the intervening time.

Miss Kelly Scrivener, prosecuting, said CCTV showed the three men entering the chip shop separately. All were obviously drunk. Murray went in first and was followed by Shaw, who was queuing behind him when Hirst joined them.

He tried to edge in front of Shaw, who objected, leading to Hirst becoming agitated and jabbing his finger aggressively. The shop’s security man got between them but Shaw lashed out and punched Hirst.

Murray joined the violence and Shaw was hit and dragged to the floor where Hirst kicked him in the head at least three times.

The case was delayed because Shaw was initially treated as a victim of assault rather than as a defendant and by the time the police changed their mind, he was serving abroad.

There was also a delay in identifying Hirst and Murray from the CCTV, even though both had given their details to police on the night.

Miss Emily Pitts, for Shaw, said he is a corporal in the Royal Hussars whose life has moved on in the past two years. He is now engaged, due to be married next year, and has a baby son with his partner.

She said his only involvement was throwing the first punch and had then become a victim of a serious attack.

Mr Ian Graham, for Hirst, said he works as a tarmac layer and has a partner who would be unable to pay the mortgage or look after their three children if he was sent straight to jail. He said Hirst is horrified at what he did and wants to apologise.

Mr Herc Ashworth, for Murray, said he is a plant operator who was working in Devon and had been out drinking with friends. He had not intended to get involved in any trouble and regrets what he did.