AN enraged father who head-butted a 13 year-old boy he thought had bullied his daughter has escaped a jail sentence.
Philip Smith, a man with no criminal record, lost his temper when his 13-year-old daughter came home hysterical and in tears. After she told him some boys had abused and spat at her, Smith jumped into his car to find them.
He claimed he confronted the boy but had not deliberately head-butted him but that their heads clashed.
The boy was taken to hospital covered in blood where doctors discovered a fractured nose and a small cut which needed one stitch.
Smith, aged 38, of Russell Street, Atherton, appeared at Bolton Crown Court for sentence. He admitted assault occasioning actual bodily harm.
Judge Derwin Hope said Smith had acted very recklessly but accepted that he had been provoked.
He sentenced Smith to a 180 hour Community Punishment Order and made no order either for court costs or compensation.
Prosecutor Amanda Johnson said Smith's daughter was returning from dance class with a friend when she came across several boys she knew from school. The boys began teasing her and took her cap and passed it between themselves and then ran off.
Defending, Mark Fireman, said that the girl went home and told her father what had happened. She said she had been spat at by the group.
Smith lost his temper and rushed down to where the boys had been playing football. He asked two boys what had gone on but he told police they just abused him and threw a plastic bottle at him.
The 13-year-old boy appeared and Smith grabbed him by the shoulders and said that they clashed heads accidently.
The court heard that many references sent in to court described Smith as a gentle family man who had acted completely out of character.
Judge Derwin Hope said that Smith had acted very recklessly as to whether injury would be caused but accepted there had been provocation.
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