THE brother of a boy said to have made a 'miracle' recovery after a ravine plunge will not be able to share the first weeks of his homecoming.

Christopher John Bennett, 24, was yesterday jailed for 28 days after an attack on a neighbour in a row over loud music -- just days after younger brother Daniel,12, was allowed home from the Royal Preston Hospital following surgery for a blood clot on the brain.

Bennett's solicitor had urged Burnley Magistrates to allow the defendant his freedom to visit his brother and had told the court his family had been "devastated," by what happened to Daniel.

Bennett, who had earlier been given a total of 120 hours community punishment for the attack on Kevin Moorcroft, had flouted the order and the court had been told he had wilfully and persistently failed to complete it.

Bennett, of King Street, Waterfoot, had admitted two counts of failing to comply with a community punishment order.

The court was told the defendant was given 100 hours punishment last June, after being convicted of assault by beating. He was then given a further 20 hours after breaching the order. Elizabeth Reed, prosecuting, said Mr Moorcroft had lived on Cutler Crescent, Stacksteads, next door to the defendant and his family.

The complainant and his partner became very upset about loud music.

In the early hours, last May, Mr Moorcroft, who was due at work at 5am, was again woken by loud music, got dressed and went next door but was unable to get any response.

He then went back home, there was a knock on the door and the defendant was there. He asked Mr Moorcroft why he had been to his home and then punched him in the face.

The blow caught Mr Moorcroft in the right eye, he ducked and cowered and was then struck some more. Bennett told his neighbour: "Knock on my door again and I will have you."

Mr Moorcroft suffered swelling and bruises and was in immense pain. He and his girlfriend went to stay at her parents' home after that as they had come to the end of their tether over the behaviour towards them.

Mrs Reed said when the couple returned, their home had been "trashed," but the defendant had not been charged in connection with it. When the defendant was interviewed by police, he made no comment.

Janet Sime, defending, said Bennett had a small child staying at his house and he claimed the noise coming from Mr Moorcroft's home was appalling. He went round to remonstrate.

No charges had ever been put to Bennett over the mess at Mr Moorcroft's house and the court should put the damage out of its mind.

The defendant had done 20 hours of the court order, but had found it very difficult to get on with the other people doing community punishment. He had found the experience very unnerving and distressing.

Bennett had been made redundant five weeks ago and had become depressed. It had effected him emotionally although he was confident he would find employment. He had not offended since the assault 12 months ago.

The defendant very much regretted the incident and very much regretted not completing the order. He would willingly do it if given another chance.

Miss Sime added the court may be thinking of a curfew order but the defendant, who had been visiting Daniel regularly while he was in hospital in Preston, would hope to be able to carry on seeing him.