A MAN has walked free from court after he broke part of a friend's face with a baseball bat.

Paul Kemp, 34, expelled Dene Carrington from his New Earswick home and then hit out as his victim tried to regain entry, said Adrian Waterman, prosecuting.

He told police he landed two blows on the head and two on the body as they fought in the front garden in Rowan Avenue.

Mr Carrington had to undergo surgery and have a metal plate inserted in a broken facial bone, said Mr Waterman.

Kemp, who owns a sun bed shop, admitted causing grievous bodily harm.

"It was a very nasty offence and nasty injuries," said Judge Peter Baker QC at York Crown Court. "I think however, this was a most unusual case."

He ordered Kemp to do 120 hours' community punishment, adding that he did not think that making him pay compensation to Mr Carrington was appropriate.

Mr Waterman told the court, that during an earlier visit to Rowan Avenue, Mr Carrington, who had been drinking, took off his trousers and put Kemp's wife in a headlock.

On December 29, Mr and Mrs Carrington were again at the Kemps' house. Mr Carrington was drinking Southern Comfort.

Because of his behaviour he was "put out into the front garden" to take a mobile phone call, said Mr Waterman.

He objected to this treatment and after finishing his phone call tried violently to get back in.

Kemp took a baseball bat that was kept by the front door and attacked him. He told police he was concerned about what Mr Carrington would do and a child was asleep upstairs.

For Kemp, Rodney Jameson said he worked six days a week at his shop and lived a law-abiding life. But he had faced a difficult situation.

Updated: 11:59 Tuesday, March 12, 2002