A "PEACEMAKER" hospitalised a man who confronted him for making too much noise, breaking six of his ribs and puncturing a lung.

Robert Avery was spared jail at Worcester Crown Court after he admitted grievous bodily harm without intent (section 20) following the attack on Richard Rand in Alvechurch.

Mr Rand suffered six broken ribs, a punctured lung and a haemothorax where his chest cavity filled with blood and air.

The court heard that Mr Rand had been disturbed by Avery in the early hours and challenged him, refusing the hand of friendship when the defendant offered it.

The 36-year-old of High View Road, Leamington Spa appeared at court on Monday to be sentenced for the assault which left the victim in the Queen Elizabeth Hospital in Birmingham.

The jury acquitted Avery of a more serious charge of wounding with intent during his trial between March 12 and 14.

Avery had been staying at the home of his in-laws and had gone outside to collect a packet of cigarettes from the car when he was challenged by a neighbour, Mr Rand, who was disturbed by the amount of noise he was making before the two began grappling on February 21, 2016.

John Brotherton, prosecuting, said: "The defendant was in the mood to reconcile and put his hand out for the complainant to shake. The complainant refused."

It was not clear how many times Avery kicked Mr Rand but there was evidence of at least one kick, the court heard.

Though Avery could not remember kicking Mr Rand he accepted he must have done so but always denied he had intended to cause his injuries.

The complainant spent three nights in the QE. Initially the extent of Mr Rand's injuries was not known and the intention was to deal with the case via community resolution.

In police interview Avery said Mr Rand had approached him 'very aggressively'.

Mr Brotherton, summarising Avery's account, said: "The defendant had put his hand out in a gesture of friendship. The complainant refused it.

"The complainant pushed him hard to the chest, against the car, and was still being aggressive so the defendant punched him once. He had fallen to the floor and got to his feet, still being aggressive and flailing his arms around."

Avery has limited previous convictions for a section four public order offence after a car crash for which he received a community order.

In a victim personal statement Mr Rand said the assault had affected his ability to work and he had to return to lighter duties.

He said he was in daily pain and had suffered permanent nerve damage and was 'unlikely to be pain free with the passage of time'.

Ian Speed, for Avery, pointed out that his client had been successful at trial and was found not guilty of section 18 but had admitted the less serious offence of section 20.

He described Avery as 'very much a family man' with two children who had been supported by his wife at trial.

Mr Speed conceded the offence crossed the custody threshold but asked for the sentence to be suspended which would leave Avery in a better position to pay compensation to Mr Rand.

He said: "It's a loss of temper. It was not pre-meditated. It was not intentional."

Judge Nicholas Cole said the use of a shod foot was treated as use of a weapon but he balanced this against Avery's lack of pre-meditation.

He said: "It's clear you had been out for an enjoyable evening. You had not drunk to excess.

"You started out as the peacemaker. You apologised that Mr Rand had been disturbed and proffered your hand to show you meant him no harm.

"He rejected that and, for whatever reason, you came together, grappling. He fell to the floor and at some stage I'm satisfied that you kicked him. It's not clear how many times.

"The injuries which have been outlined are such that you must have applied a significant degree of force to his chest area."

Judge Cole sentenced Avery to 20 months in custody suspended for 18 months.

Avery must complete a thinking skills programme, up to 10 rehabilitation activity requirement days and 100 hours of unpaid work.

Avery must also pay £2,000 in compensation to Mr Rand and £535 costs.

However, a defence costs order to cover the defendant's costs for the trial was also granted. This amount will be calculated in due course.