A FIFTY-SEVEN-year-old man has been spared jail after he breached a restraining order and assaulted his father.

Barron Roy Kelley, of no fixed abode, appeared at Winchester Crown Court on Friday, 10 November after previously pleading guilty to assault by beating and breaching a restraining order previously imposed on him.

He was also appearing facing a charge of failing to surrender to police after he initially did not appear at a magistrates court hearing in Basingstoke.

The court heard how on October 18, this year, Kelley was invited by his father Roy Kelley to visit him at his assisted living home in Basingstoke to help with household chores, because he thought his “father was not living in a healthy environment”.

This visitation breached a restraining order that prevented Kelley from contacting his father, which was imposed after a case of actual bodily harm for which Kelley was imprisoned for in 2012.

Following the chores that were undertaken at the house, Kelley and his father drank a bottle of rum and the court heard how Kelley became “angry and aggressive” when discussing a family dynamic.

The court heard how Kelley had accused his father of disowning him from his family, and had told him that he felt his treatment of him was not fair.

During the altercation Kelley picked up a kitchen knife and held it against his father’s throat. The court was told Kelley’s father was “very frightened by it because he was pressing the knife quite hard into his throat, and he knew he couldn’t over power him.”

Kelley, who has “no memory of the incident”, put the knife down and his father then began to shout for help when Kelley proceeded to hit his father in the temple using his prosthetic arm, which cut and bruised his head.

The court also heard how Kelley has since started a new life in Norwich with his girlfriend.

Kelley’s defence said: “This incident is very sad because Mr Kelley had initially been there to help his father because he thought he was struggling looking after himself but ended up losing his temper.

“Mr Kelley has now moved to Norwich because he thought it was best to stay away from his father and has since then tried to sort out his own life and address his drugs problems.”

In sentencing, Judge Keith Cutler QC said: “You did have good intentions trying to look after your father but you did lose your temper and breach a restraining order.”

Kelley was sentenced to three months for the common assault, six months for breaching a restraining order and one month for failing to surrender to police, to run consecutively, suspended for 18 months. He was also ordered to see a probation worker to make sure his drugs problem stays under control..

Judge Cutler added: “Things are looking up for you now and I hope that can continue for you in Norwich.”