A MAN who took the law into his own hands and assaulted a teenager who was harassing his family has been spared jail.

Harry Robertson kicked Joshua List in the stomach after he and David Scott had driven him to the Westbury White Horse in the dead of night and left him to walk home.

But charges of kidnapping were dropped against the 23-year-old and his accomplice because the victim, who is currently in jail, would not attend court.

After hearing Robertson, whose sister briefly went out with 19-year-old Mr List, of Sidmouth Street, Devizes, had no previous convictions a judge took an 'exceptional stance' and imposed a community order.

Robertson, of Longfield Road, Trowbridge, admitted actual bodily harm.

Edward Hetherington, prosecuting, told Swindon Crown Court that Robertson's sister split up with Mr List and started seeing Scott while her ex was in prison.

On November 5, 2014, Mr List had a confrontation with Scott during the day about unwanted contact with Robertson's sister.

He said later that night Scott spotted his rival in the Longfield area of Trowbridge, and got him into his car and drove away.

After phoning and picking up Robertson outside Budgens the pair drove him up to the White Horse and got him out of the car.

He was punched to the ground and Robertson admitted he kicked him to the stomach when he was down.

"The plain implication was he had been taught something of a lesson and left some way away from town to walk home," he said.

The police became involved after Mr List was later seen in Trowbridge town centre covered in blood, but when he was asked what happened he gave 'monosyllabic' answers.

Mr Hetherington said that after he left the police station, officers were called as he was throwing stones at the Robertson's windows.

Matthew Scott, defending, said his client knew what he did was wrong but felt slightly aggrieved that he was in the dock almost two years later.

He said his family were still being plagued by Mr List despite the fact he was behind bars, and he made the wrong decision on that night.

And he said that had he not pleaded guilty to the assault he would have not been convicted, as two trials collapsed as Mr List would not attend, adding: "There is great mitigation in the fact he had the courage to admit what he did was wrong, rather than the situation where he would get away with it if he kept his powder dry."

Recorder Tim Grice said: "The court takes a dim view of situations like yours where someone takes the law into their own hands and inflicts injury on someone.

"There are quite a number of points which allow me to take an unusual line."

He imposed a community order with 100 hours of unpaid work.

Scott, 27, of Cavell Court, Trowbridge, denied kidnap and robbery and the case against him was dropped.

The court heard Mr List was jailed for a year and 14 days in May after admitting dangerous driving.