A MAN said to have set about a drunken cyclist and given him a kicking after he lost his temper has had his sentence adjourned after a judge said she was worried about the case.

Burnley Crown Court heard how James McKee, 30, got annoyed because victim Anthony Brindle confused him with his brother and got his name wrong.

Mr Brindle, said to be known in the area as a hard man suffered a smashed bone in his face but the defendant had claimed he had been acting in self defence.

McKee received what Judge Lelsey Newton described as significant head injuries four years ago and she said she wanted a report on his health.

The judge said the defendant, who wanted to know his fate and did not want to see a consultant, had responded aggressively after Mr Brindle greeted him but got his name wrong and his head injuries may be some mitigation for his behaviour.

Judge Newton added a medical report would also help her assess any risk McKee may present because of his injuries.

The defendant, of Queen Street, Clayton-le-Moors, had earlier admitted inflicting grievous bodily harm.

He was bailed until November 1.

Peter Horgan, prosecuting, said Mr Brindle had visited a friend and then been to a pub and was pushing his bike home in Clayton-le-Moors.

He saw the defendant, whom he had known all his life and called him Andy, McKee's brother's name.

The defendant took offence and pushed him by the throat.

Mr Brindle lost his balance and fell on to his bike.

Mr Horgan said as the victim fell, he grabbed hold of the defendant who fell on top of him.

The court was told the defendant had claimed Mr Brindle pushed him and he had acted in self defence.

McKee then accepted he kicked the complainant in the face more than once.

Mr Brindle, giving evidence in a trial over the facts, told the court he had been pushing his cycle because he was drunk and was not going to ride it.

He claimed the defendant said: "One , two, three, kick, one, two, three, kick," and when he got up off the ground he was dazed.

In cross-examination, Paul Hague, for McKee, suggested Mr Brindle had started the trouble by insulting and shoving the defendant.

The barrister claimed Mr Brindle said: "You're the junkie and the thief", to McKee and that was why he had taken offence.

Mr Brindle replied: "I never said that."

Mr Brindle was taken to hospital suffering the broken bone and other facial injuries including swelling and bruising.

McKee was arrested the same morning.