AN ACTOR sprayed a High Court bailiff with his mum’s pepper spray after he saw the man scuffling with his dad.

Luke Lavery admitted acting in excessive self-defence and was yesterday spared a spell behind bars – with the judge pointing the finger of blame at the 36-year-old’s parents.

Handing the Minety man a 12-month community order, Judge Jason Taylor QC said Lavery’s parents held the “lion’s share of the responsibility” for what had happened. “They were the adults in the room and they should have acted accordingly,” he said.

Swindon Crown Court heard bailiff Craig Fishwick had been sent to Brandiers Farm, Minety, on June 11, 2018, to the enforce a High Court writ and secure items of value.

He found a set of French windows open and went inside the farmhouse, calling out for the occupants.

The defendant’s mother, Kimberley Lavery, was the first to speak to Mr Fishwick, who told her why he was there.

Prosecutor Alex Daymond told the court on Wednesday: “Mrs Lavery appears to take exception to his being there and tells him to leave, but Mr Fishwick stands his ground, saying he’s there with lawful authority, the doors having been open.”

The defendant’s father, Peter, came to his wife’s aid – also demanding the bailiff leave. Again, Mr Fishwick explained why he was there and repeated his explanation to the police when Mrs Lavery called the emergency services.

Mr Daymond said Mr Lavery had scuffled with the court officer. The defendant, Luke Lavery, who had been sleeping upstairs, came into the room to see his father scuffling with the bailiff.

He told his father to step back then aimed a can of pepper spray, which he’d found in his mother’s bedside cabinet, at Mr Fishwick. Lavery emptied the can, pressing the button at least three times.

“Mr Fishwick is then physically manhandled out of the property by the defendant and his father,” Mr Daymond told the court. The incident was captured on Mr Fishwick’s bodyworn camera.

The police and subsequently paramedics treated the bailiff, whose eyes were extremely irritated, at the scene. Initially, police poured water into his eyes, but as the pepper spray was oil-based this made the pain worse. Paramedics subsequently poured cooking oil onto the man’s face, which eased the pain. Mr Fishwick was able to return to work later that day.

Lavery, of The Crossing, Minety, had initially denied a charge of administering a noxious substance with intent to injure or annoy, but pleaded guilty on a basis on the day of his trial. He claimed to have acted in excessive self-defence. He admitted a second allegation of possessing a weapon.

Richard Barrett, mitigating, said his client was extremely remorseful and was of previous good character. He had acted to assist his father, who had only recently suffered a heart attack, but then got “caught up in the heat of the moment” and was not aware of how much of the pepper spray he’d discharged. An actor, he was not currently working but had offers of employment in the future.

Sentencing Lavery to a 12-month community order with a 10 month curfew, Judge Jason Taylor QC said the man’s mother and then his father had acted “unjustifiably petulantly and obstructively”. Mr Fishwick had behaved entirely properly throughout, the judge added.

Judge Taylor told the defendant: “In my judgement your parents bear the lion’s share of the responsibility for why you are in the dock and have now sadly lost your good character. They were the adults in the room and they should have acted accordingly.

“You acted in a manner, whilst wrong and criminal because of how far you took it in the heat of the moment, is something you can imagine many children doing instinctively out of the natural sense of protection for their parents.”

Lavery was given 18 months to pay £1,000 compensation.