A barman working at a wake was attacked by the husband and son of the deceased in an "unprovoked" assault.

Blackburn magistrates heard the victim was punched to the floor and then kicked repeatedly by the grieving relatives at Astley Bank Hotel in Darwen.

The court was told the victim believed he had been mistaken for someone else.

Lee Cowley, 46, and Jacob Lee Cowley, 18, both of Glenshiels Avenue, Hoddlesden, pleaded guilty to assaulting Peter Hayes.

Lee Cowley also pleaded guilty to common assault of an emergency worker through the fear of violence.

They were both made subject to a community order for 12 months.

Jacob Cowley was ordered to do 40 hours unpaid work and pay £200 compensation to Mr Hayes, £85 costs and a £114 victim surcharge.

Lee Cowley was ordered to do 60 hours unpaid work and pay £200 compensation to Mr Hayes and £100 compensation to the officer, £85 costs and a £114 victim surcharge.

District Judge Alexandra Preston said it was a sad set or circumstances which led to both men making their first appearance before the courts.

“I accept that you have shown absolutely genuine remorse about what took place,” said District Judge Preston.

“I am sure your remorse has been made worse by the fact you instigated this incident and led your son into the fight.”

Nichola Mills, prosecuting, said it had been a “rather sorry turn of events".

She said the defendants were at the venue for a wake following the funeral of the wife of one and mother of the other.

“The victim believes he was mistaken for someone else,” said Miss Mills.

“He was subjected to an unprovoked attack.”

She said both defendants punched Mr Hayes, knocking him to the ground.

“He was then kicked repeatedly,” said Miss Mills.

“He managed to get up but was then punched again. When Lee Cowley was arrested he tried to punch a police officer but missed.”

Damien Pickup, defending, said it was a tragic tale.

He said the wife and mother had been diagnosed with cancer in 2018 and died in December.

“On the day of her funeral they had both drunk to excess,” said Mr Pickup.

“It was a horrible day for them and something was said to them about the barman. They accept they both attacked him.”

Mr Pickup said that since the incident Lee Cowley had been in touch with Astley Bank to pay for the wake and also paid for the victim’s waistcoat which had been ripped during the incident.

“This was really out of character for both of them,” said Mr Pickup.