A GAY man subjected to 'vile' homophobic abuse hit back with his attacker's stick in self-defence, leaving his 'so-called victim' bleeding from a head wound.

Alistair McIntosh was given a conditional discharge because of the 'exceptional' circumstances of the assault upon a neighbour which left him battered and bleeding.

The 46-year-old of High Street, Ross-on-Wye admitted assault occasioning actual bodily harm when he appeared before Recorder Allan Dooley.

Christopher Lester, prosecuting, said the incident took place at around 1pm on September 16 last year.

Initially McIntosh approached a police community support officer because of his concerns Billy Carr was drunk and had a weapon.

When PCSOs spoke to Mr Carr in a communal garden they found him sitting on a garden chair. He denied claims that he was drunk and told them the stick was used for 'wrist exercises'. Officers had gone on their way but later the PCSOs were approached again by McIntosh.

Mr Lester said: "He approached them and said there had been a fight and that he had struck Mr Carr. He was concerned because Mr Carr was not moving."

When the PCSOs arrived Mr Carr was conscious but his head was 'bleeding badly' and a paramedic attended, finding bruises to the complainant's arms although his primary concern was the head injury which he described as a small puncture wound.

In interview McIntosh told police that he had taken the stick off Mr Carr and used it to strike him.

Mr Carr, when spoken to by police, said he wanted McIntosh to be released but eventually did provide a statement detailing his injuries.

Mark Thompson, defending, urged the judge to give McIntosh full credit for his early guilty plea and said the case had 'unusual elements'.

He said: "He (the defendant) is the victim of an unprovoked attack with a weapon where he's struck to the head and face area. He subdues Mr Carr having been attacked by him with a weapon and gets him to the floor.

"My client got the better of him for a matter of seconds and uses the weapon against him once – one blow – then the matter stopped. He gets up and walks away with his two friends who bear witness to the assault. He goes from victim in a split second to an unlawful act and then becomes Good Samaritan and seeks out some officers. He commits an offence and goes beyond reasonable self-defence. He's unlikely to appear before the courts again."

He added: "He (Mr Carr) has, for several months beforehand, subjected him (McIntosh) to the most vile, homophobic abuse and all of it coming at a time when my client lost his mother in the summer of last year, grieving for her loss after a long illness."

Recorder Allan Dooley said: "It comes as some surprise to see you standing in the dock. I accept you did not start this incident. I accept the weapon you came to use was in the hands of the so-called victim who had started things."

He also bore in mind that McIntosh had been made to feel like 'a prisoner in his own home' because of Mr Carr's behaviour.

He imposed a conditional discharge for two years. He said compensation for Mr Carr was not appropriate given the circumstances. McIntosh was ordered to pay a £20 victim surcharge.