A MAN has been sentenced in court for a serious assault after using "excessive self-defence" against his then-partner's son.
Sean Lee, 42, of Rushworth Row in Amesbury, turned up at James Gray's address "banging on the door" after receiving a threatening message on November 6, 2023.
Salisbury Magistrates' Court heard how Lee had asked Mr Gray "what's going on bud" and he responded with: "You are scum. This is your final chance. F**k off or you will learn."
Mr Gray opened the door wielding a baseball bat and tried to stop Lee from entering the house.
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During Lee's trial on June 17, magistrates accepted that Mr Gray used the baseball bat on the defendant which provoked a further assault.
Lauren Stone, prosecuting, told the court that Lee pushed Mr Gray to the floor before punching him "five to seven times repeatedly", leaving him with facial injuries and headaches which persisted for a week.
Ms Stone said: "At the trial it was found that the defendant did punch Mr Gray to the face in self defence but it was excessive self defence."
(Image: Newsquest)
Paul Jones, mitigating, claimed Mr Gray had been verbally abusing his mother on the day of the assault and Lee "wanted a word with him".
Mr Jones said Lee hit Mr Gray "on a couple of occasions" to make him stop striking him with the baseball bat.
"The only way the court could say he used excessive self defence is that the complainant was using a bat on this occasion," added Mr Jones.
Mr Jones also said Mr Gray had shown "complete disregard" to the court after he turned up an hour late to give evidence at Lee's trial.
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The court heard that Lee had one previous conviction from 2008 for battery, criminal damage and a public order offence.
He was found guilty of actual bodily harm and magistrates sentenced him to a 12-month community order on Thursday, July 25.
No restraining order or compensation was imposed as the bench deemed it inappropriate after hearing the facts of the case.
As part of Lee's community order, he must complete 150 hours of unpaid work and 20 rehabilitation activity requirement days.
Lee must also pay a £114 surcharge to fund victim services and £400 in court costs as the matter went to trial.
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