A MAN has narrowly avoided a prison sentence after assaulting his partner's ex-boyfriend with a metal pole.

Alan Smith had previously pleaded guilty to the assault which took place on June 29, the day after the pair had arranged a "square go" to sort out their differences.

The depute fiscal told Alloa Sheriff Court last Thursday, November 8, that around 5pm the complainer attended the property at Wallace View Caravan Park in Stirling as had been previously arranged.

The accused then started asking why the complainer was being so threatening, before pulling a metal pole out of his clothing and "swung it at the complainer's head, narrowly missing", although it hit his arm as he protected himself.

The prosecutor continued: "He [the accused] kept moving towards the complainer, then stopped and walked away."

Police were called and Smith was traced and arrested, and told police that he was "provoked".

Claire McCarron, representing the 41-year-old, told the court that it is lucky for Smith, who has directly analogous previous convictions, did not seriously injure the victim.

The solicitor continued: "There has been a strained relationship between the accused and his partner and the father of the child [the complainer].

"There was a phone call to the accused from the complainer during which there was an argument."

The defence agent went on to say that Smith had threatened the complainer, saying: "Son, I am going to obliterate you," before saying that he would "harm the complainer's son".

The pair then arranged to "sort it out, man-to-man".

Ms McCarron went on to say that Smith "fully accepts he should not have used a weapon", although it is his view there was "an element of provocation from the phone call".

Sheriff David Mackie told Smith, of Wallace View Caravan Park, that the crime definitely justified a custodial sentence, but due to mitigating factors, it would not be appropriate in this instance.

He was sentenced to carry out 300 hours of unpaid work.