A tour boat captain who was jailed for two years for a brutal unprovoked street attack on a stranger has had his sentence reduced to 15 months.

The decision by the Court of Appeal means Kevin Fox could be released on parole as soon as this week, having served less than six months. The court cut the sentence because the judge who imposed it did not appear to give enough credit for mitigating factors, such as previous good behaviour.

Fox, captain of the Looking Glass glass-bottomed boat, left British expat Leigh Thurston with a badly broken jaw after punching him in the face on Front Street in the early hours of May 2, 2009.

The victim was waiting for a taxi after a night out, and the attack was captured on CCTV cameras and witnessed by Police officers.

Prosecutor Cindy Clarke explained at an earlier court hearing how Fox, 24, launched the unprovoked attack as he walked along the street with his friends. He then walked off, laughing, as the victim dropped to the ground.

Mr. Thurston's friends chased after him, and held him until Police officers arrested him. Meanwhile, the 28-year-old victim, who works as a chef, was taken to King Edward VII Memorial Hospital.

It was discovered that a portion of his jaw with 14 teeth in it was completely detached. He had to have surgery to wire his jaw shut and doctors feared he may never regain the feeling in his lower lip although it has since come back.

Speaking to this newspaper after Fox admitted inflicting grievous bodily harm and was jailed for two years last October, Mr. Thurston said: "It is what he deserves. I spent seven weeks eating through a straw, my mouth closed shut. He blindsided me, I didn't see it coming."

During the original sentencing hearing, defence lawyer Mark Pettingill said Fox's behaviour was "completely and totally out of character" and the result of excessive drinking.

He described him as a "major player in Bermuda's tourism industry," and said he was "deeply remorseful for his actions". He also told the judge of his efforts to educate himself, his positive attitude and his supportive family.

However, Puisne Judge Carlisle Greaves said despite "strong mitigation", the law had to be "applied equally" and that grievous bodily harm must attract a custodial sentence.

"No man, whether he be a peasant or President should have to fear or be subject to an unprovoked, uninvited assault such as this, while peacefully going about his business on a public street," commented the judge. "That must be so whether the assault comes from saint or angel."

Mr. Justice Greaves added that if men of good character were spared a jail sentence, it would then create two sets of laws. "Whereas men of bad reputation expect to go to jail, men of good reputation it would appear, would be handed a licence to make one mistake of this kind," he said. "Since there are so many more good men than bad men in this society, what an interesting dilemma that would be."

However, Mr. Pettingill successfully argued on Friday that the judge did not seem to take enough account of mitigating factors in the case. He argued there had been too much focus on the damage caused to the victim, and the judge did not appear to give credit for Fox's guilty plea.

"His Lordship did not seem to draw the distinction that there was the middle ground between a man of very good character and of very bad character, said Mr. Pettingill. He urged for Fox, who he described as a "model inmate" to be released from prison in time for boating season, suggesting he could get parole right away due to his good behaviour.

The panel of three judges criticised Mr. Justice Greaves for "philosophising" during his sentencing remarks, but failing to set out fully what factors he'd taken into account in setting the two-year term.

Prosecutor Cindy Clarke said: "It seems almost impossible to justify the colourful comments made by the sentencing judge."

However, she said the two year sentence was "not out of line" with other cases, and the sentence should be left alone.

She also pointed out Fox does not have an unblemished record he's been convicted of marine offences and also for wilful damage after jumping on cars parked on Front Street last February.

Reducing the sentence, President of the Court of Appeal Edward Zacca said: "This was a serious injury.

"We have pointed out that the prevalence of violence in Bermuda has increased tremendously over the years and I think the courts are trying to see what they can do to persuade people that they should not commit these offences."

However, noting they could not tell whether the judge took all the mitigating factors into account, the judges reduced the term of imprisonment.

Mr. Thurston declined to comment.