POLICE on patrol in the early hours saw a man wielding a hammer aggressively and pointing it at another man.

Burnley Magistrates heard how jobless bricklayer Jason O'Brien, 32, got into a car but was stopped from driving away by an officer who searched the vehicle and found the hammer under the front passenger seat.

O'Brien, of Kingsbury Place, Burnley, admitted possessing an offensive weapon on Colne Road, Burnley, and was given a 12 months conditional discharge. He was told to pay £50 costs by the bench who said he had been subjected to a degree of provocation and was protecting his property at the time.

Mark Williams, defending, said O'Brien had been at a friend's house and seen two youths attacking his car with a bottle.

He went out to investigate, was confronted by six men and hit with a bottle. He then went back into his friend's house and thinking the coast was clear, ventured out again but the gang reappeared and split up. O'Brien accepted he followed the youth who had assaulted him.

Mr Williams said his client did it for no other reason than he was annoyed. He stopped the car, got out and was approached by the youth. The defendant went to the boot of his car and got out the first thing which came to hand.

0' Brien was a bricklayer when working and the hammer was in a tool kit which he kept in the car.