A CONVICTED sex offender grabbed his victim by the throat and headbutted him at least twice in the face, breaking his nose following a row over noise at a Worcester flat.

Matthew Hoskins was jailed following the 'devastating' attack which happened when the victim told the defendant to stop making noise.

The judge overruled the defendant's barrister who pleaded with him not to send his client to prison, arguing that he really a 'sensitive' and 'intelligent' man and not a thug.

However, at Worcester Crown Court on Thursday, judge Robert Juckes QC told Hoskins that he had seen cases where headbutts had been fatal and that the use of the head was akin to the use of a weapon.

The 32-year-old of Tolladine Road, Worcester, admitted assault occasioning actual bodily harm following the assault on Richard House on February 23 last year.

Hoskins accepted using 'at least two' headbutts

Nicholas Burn, prosecuting, said the victim had complained that Hoskins was making 'excessive noise' and went to speak to him, saying words to the effect of 'Oi! Stop smashing on the ceiling!'

"The description from Mr House is that the defendant, without warning, raised his hands and grabbed him around the throat and pushed him against the wall.

"It's not quite manual strangulation. Whilst that was going on headbutts were delivered. The victim believes he had a broken nose."

Mr Burn said Mr House had suffered a deviated septum and is due to have an operation to repair the damage. He was also left with black eyes for two weeks and had to take a week off work to recover.

The court heard Mr House suffered stress and anxiety after the assault and difficulties breathing because of the nose injury.

When he goes into hospital he will have to spend five days there, the court heard.

Mr Burn added: "The use of the head by headbutting is effectively the use of a weapon in the same way one would regard a shod foot."

Hoskins had previous convictions for burglary, assault occasioning actual bodily harm, common assault, criminal damage, battery, wounding/grievous bodily harm 'against and elderly stranger', arson, a further assault occasioning actual bodily harm, a sexual assault and several counts of harassment. His offending began when he was still a youth in 2002 and ran until 2016.

Nicholas Berry, defending, said: "This is a vulnerable man with significant mental health issues that were prevalent at the time. I'm seeking to persuade you not to send him to prison today."

Mr Berry said there was a real danger, because of his client's record, that the judge would conclude he was 'just a thug'.

"He's not. The author of the report describes him as an intelligent, sensitive man. He comes across that way when one speaks to him," said Mr Berry.

Mr Berry described Hoskins as a man 'doted on' by neighbours in the block of flats where he lived in Worcester, saying he lived a 'somewhat isolated' life with his cats.

Some of his neighbours supported him at the court. Mr Berry said his client had previously been sectioned at Newtown Hospital in Worcester and had previously tried to kill himself.

Mr Berry argued that Hoskins would lose his home and benefits if jailed.

"He's so vulnerable. That's my point. There's so much damage to be done if you send him to custody," said Mr Berry.

However, judge Robert Juckes QC, said prison was necessary, describing a headbutt as 'one of the worst forms of assault' and told Hoskins 'the damage done with the forehead can be devastating, especially when used by someone who knows how to use their forehead'.

He added: "I have seen occasions when it has resulted in fatal injuries."

Judge Juckes also said the victim was still waiting for the operation which would bring him some release from the pain and discomfort he suffers.

He said he accepted Hoskins was 'not a thug' but told him: "On this occasion you behaved like a thug and the consequence was a very serious physical injury."

Judge Juckes sentenced him to two years immediate custody. Hoskins nodded in the dock while sobbing was heard from the public gallery.