A MAN who hit someone in the head head with a metal bar during an argument has escaped a jail term.
Luke Silver, 22, of Greyfriars Close, Salisbury, was charged with assault occasioning actual bodily harm after the incident in August last year.
At Salisbury Crown Court on Friday, prosecutor Hannah Squire said there was a “long history” between Silver and victim Alan Lucas, which included violence and abuse.
On August 10 the pair had a confrontation near Mr Lucas’ house and Silver took out a metal wheel brace from the back of his trousers and swung at Mr Lucas.
The victim was hit in the forearm and head, resulting in him needing five stitches. Silver and his friends then ran off.
After his arrest, Silver told police Mr Lucas had assaulted him earlier that day and had wanted a fight. He refused but agreed to meet him.
He accepted he took the wheel brace with him to protect himself, and told police he “wanted it all to stop”.
Silver pleaded guilty on the first day of his trial at the beginning on May on the basis that he went beyond what was required for any self defence needed in such a situation.
The court heard both men have criminal records and Gary Venturi, defending, said Mr Lucas is “no angel himself”.
“In the case of Silver, he has a background of identifiable psychological trouble as a result of run-ins with Mr Lucas,” he said, “real anxiety, real depression, real paranoia – he is not someone he seeks out.”
Judge Nicholas Wood, who described the case as “a sad state of affairs”, sentenced Silver to 12-months imprisonment suspended for 18 months with a requirement to carry out 120 hours of unpaid work.
“This is a very bad situation,” he said. “Whatever tension and stress between you over the years it is immature and dangerous to get involved in confrontations like this.
“There is no excuse at all for what actually happened. It may have been spontaneous but you went along there with a potential weapon.”
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