Brierley Hill man avoids jail after baton attack

A 62-year-old who was on edge after being beaten up during a burglary, admitted he had "lost it" when he attacked a man with a police baton.

The victim, who was out walking his dog, was left with a gash on his head that required six stitches after being hit with the weapon being wielded by Christopher Foley.

Alison Scott-Jones, prosecuting, told Wolverhampton Crown Court that the victim was shocked by what happened because there had been no communication at all between the two men. After his arrest Foley, of Delph Lane, Brierley Hill, told police officers he had been confused and had no clear recollection of the incident.

Stephen Hamblett, defending, said that Foley had been in bed when his partner told him there was someone 'looking suspicious' outside their home, so he went out not sure what was going on. Mr Hamblett said:

"One thing lead to another and he struck the poor victim - he clearly made the wrong decision.

"He is full of remorse for what he did and devastated that he caused this man injury."

Recorder Ben Mills told Foley that although he may have problems as a consequence of the previous incident, it was no excuse to attack another man in a case he described as "odd”. He said:

"This man was simply out walking his dog. You were in front of him with a weapon in your hand. He spoke to you in a polite and calm way and you hit him."

The recorder said Foley, a man of previous good character, had later been unable to give police a clear account of what happened but had admitted he had "lost it”.

He said he took the view the attack was entirely out of character at a time when his "judgement was clouded". Foley admitted assault causing actual bodily harm and possessing an offensive weapon and he was given a 10 month jail term, suspended for a year.

He was also ordered to pay £250 court costs and £250 compensation to his victim.

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