A SOLDIER was assaulted by his 23-year-old brother, who had psychiatric problems, a court was told.

Blackburn magistrates heard the attack was not the worst of its kind and the brother had been well able to defend himself against Paul Curtis Appleby.

But Roger Pickles, defending, said the family had obviously given the matter careful consideration before involving the police.

"It is a very sad case and I am sure the last thing his mother and brother wanted to do was go to the police," said Mr Pickles.

"You have heard that they went for a drive and discussed the situation before deciding to involve the law."

Appleby, of Ulverston Close, Blackburn, pleaded guilty to assaulting Thomas Appleby.

He was given a conditional discharge for six months.

Mr Pickles said Appleby was already in contact with the community mental health team and was receiving help.

"Unfortunately he had not been taking his medication and that led to this incident," said Mr Pickles.

"His mother won't have him home at the moment but hopefully that situation can be resolved. He is very ashamed of what he has done."

The court heard that Appleby threw a carton of milk on to the floor and as his brother, who was home on leave, bent down to clear it up he was attacked and punched on the head.