A ROSSENDALE man who took exception to derogatory remarks made about his family by two brothers left one needing hospital treatment, a court heard.
James Hamer received a call from his father, who was upset at the behaviour of two brothers, Warren and Tony Leyland, who were hurling insults at the couple in the street, Burnley magistrates heard.
The father-of-two went around to his father’s house, preparing to remonstrates with them, the court was told.
But a scuffle broke out and Hamer lost his temper, flooring Tony Leyland and kicking him three or four times while he was on the floor, said defence solicitor Daniel Frame.
Warren Leyland was said to be only slightly injured as a result of the fracas but Tony Leyland was taken to hospital.
Mr Frame said that it was first thought that Tony Leyland may have been badly hurt but this did not turn out to be the case.
He told the court that his client had originally gone around to confront the brothers about their behaviour but accepted that the brothers ‘did not deserve what happened to them’.
Mr Frame said that the brothers had drank ‘seven or eight pints’ and were being very abusive towards Hamer’s wife in the street.
Hamer, 29, of Queen Street, Stacksteads, admitted two charges of assault. He was given a 12-month community order including 80 hours community service.
He was also ordered to pay £150 compensation to Tony Leyland and £75 to Warren Leyland, with £85 court costs.
Magistrates ruled that there had been a degree of provocation which had mitigated their sentence to some degree.