A WORCESTER man hit his neighbour "several times" during a row over noise.

Evesham magistrates told Barry Dyson that, although they believed he had not thrown the first punch, he had used excessive force when defending himself against Neil Portlock during an incident on Sunday, June 24.

They gave the 53-year-old a 12-month conditional discharge after he was convicted of common assault following a trial yesterday.

John Shenton, prosecuting, said Mr Portlock - who lives in the adjoining home to the defendant in St Mark's Close, Cherry Orchard - had gone to Dyson to complain about the volume of a radio in the defendant's kitchen.

Mr Portlock told magistrates he had experienced noise from his neighbour for a number of weeks, meaning he had not been able to sit out in his garden in peace. But said Dyson had lashed out at him during the "heated" conversation.

"We were chest-to-chest and I realised things were getting out of hand, so I tried to push myself away," he said. "As I did I was hit on my temple."

He told the court that Dyson then grabbed him around the neck and hit him "several times" with his other hand, resulting in cuts and bruises to his face and a nose bleed.

But Melvin Campbell, who lives opposite the men, told magistrates he witnessed Mr Portlock push the defendant and throw the first punch, after their "animated" discussion.

Louise Hooker, defending, said Dyson - who denied common assault - had lived in the road for 30 years without any problems.

She accused Mr Portlock of acting unreasonably after threatening to light his barbecue morning, noon and night if the radio was not turned down, knowing it would fill her client's house with smoke.

"I suggest there was totally unreasonable behaviour on the part of Mr Portlock," she said. "My client and his wife had tried to compromise.

"He was acting in self-defence and had acted in a reasonable way under the circumstances."

Magistrates told Dyson that, although they accepted he had not started the incident, he had used "excessive" force, making him guilty of common assault. He was given 12-month conditional discharge and ordered to pay £275 court costs.