A FATHER who went for his love rival with a pickaxe handle has escaped a jail term.

Trevor Mark Wrigglesworth, 37, was "humiliated" by Matthew Frary outside his home in the presence of his former partner of 16 years, York Crown Court heard.

So he fetched a pickaxe handle from his garden and hit Mr Frary over the head.

Wrigglesworth, of Evelyn Crescent, Clifton, York, pleaded guilty to causing actual bodily harm.

Judge Alan Goldsack QC said the only reason he decided not to jailing Wrigglesworth was his lack of previous convictions and his guilty plea.

He gave Wrigglesworth a community order with 100 hours' unpaid work and 12 months' supervision. He decided against ordering Wrigglesworth to compensate Mr Frary for his injuries.

"I think it is inappropriate," said the judge.

Prosecutor Rob Galley said Mr Frary and his girlfriend, who had been Wrigglesworth's long-term partner, went to the 37-year-old man's home where a street fight broke out between the two men.

Both accused the other of starting it. Adrian Strong, defending, said Wrigglesworth went across to Mr Frary, who was sitting on a wall in the street to get an apology from him regarding a matter.

"He was humiliated twice. Humiliated by not getting an apology he felt he deserved, and humiliated by the fact he had been bested in the scuffle with Mr Frary," said Mr Strong.

Mr Galley said after the fight, Wrigglesworth went into his garden, got the handle and told his ex-partner that he was "not going to put up with what had gone on".

He struck Mr Frary twice on the head and the handle broke.

Mr Frary had bruises to his left cheek and cuts to his forehead.

The judge said Wrigglesworth had lost the first scuffle "hands down" and suffered unpleasant injuries.

"What you then did was quite unacceptable," the judge told Wrigglesworth.

Mr Strong said the handle was old and rotten and was the first thing Wrigglesworth put his hand on.

He had difficulty coping with the break-up of his long-term relationship that had ended in bitterness, civil court proceedings and allegations from his former partner that had not stood up to investigation.