A MAN who smashed a picture frame over his girlfriend’s head had been struggling to overcome a brain injury suffered five years ago, a court was told.

Kevin Swain’s skull had been fractured by a brick in 2005 and this had changed his life from a hard-working industrious man, said his barrister Paul Cook.

“Fate dealt him a catastrophic blow when he was the innocent victim of a brutal attack in a case of mistaken identity,” Mr Cook said.

“It has left him with an extremely poor memory and also brought about a dramatic change in his personality.”

Swain, aged 37, of Dickenson Court, off Bilford Road, Worcester, pleaded guilty at Worcester Crown Court to assaulting Nina Scattergood causing her actual bodily harm.

There had been a stormy relationship between the pair and the attack happened after they had both been drinking at Swain’s flat on October 27 last year, said prosecutor Shane Crawford.

There was an argument and Swain told Miss Scattergood to pack her bags and leave.

He then picked up a picture frame and smashed it over her head three times, causing cuts which needed five stitches. She fled to the bathroom and dialled police.

Mr Crawford said Swain had been before magistrates in December last year for criminal damage and threatening behaviour. He had held up his hand in the street to stop a policeman driving his grand-daughter and then punched a hole in the car windscreen.

Judge John Cavell said the court was sympathetic to someone with a serious brain injury but that there was a duty to protect the public.

He imposed a 24-week jail sentence suspended for 12 months and ordered 12 months’ supervision.

It had been an unpleasant and serious assault, said the judge, but he was glad the victim was standing by Swain and he was also receiving valuable help.

Mr Cook said Swain had been unable to work since his injury and had a serious alcohol problem but was being helped by a manager.