A THUG who used a dating app to lure in his victim before assaulting him with a trampoline pole, in an ill-fated attempt to get his money back, has avoided jail.

David Wenham, 42, pleaded guilty to assault occasioning actual bodily harm and possession of an offensive weapon, while his accomplice Oliver Brighton, 18, admitted possession of an offensive weapon and criminal damage.

Antonie Muller, prosecuting at Worcester Crown Court, explained that the victim, Daniel Hughes, was known to Wenham through a former connection at work.

“There was a financial dispute between them,” the prosecutor said. There is some evidence Mr Wenham had transferred £7,000 to the victim. Why, what for, we don’t know.

“The victim had been chatting on a dating app to a lady, and that led to him wanting to meet her.”

Mr Muller explained that Mr Hughes went to meet the woman on August 29, 2019, driving down Ombersley Road to some playing fields.

“Within seconds the two defendants appeared with weapons, shouting about money being owed, waving their weapons,” Mr Muller said.

“It was too much of coincidence – it does appear this lady set up Mr Hughes for this confrontation.

“Mr Hughes told Mr Wenham to go away. He (the victim) tried to get away. He was chased.”

The prosecutor said the victim tried to protect himself but was hit in the back by the trampoline pole that had been thrown at him.

Mr Hughes was taken to hospital but did not require treatment for the injury.

“All of this was witnessed by members of the public and those (youngsters) in football matches,” the prosecutor said.

Mr Muller said Wenham, of The Ridgeway, Droitwich, then threatened he would smash Mr Hughes’ car up – before Brighton did that with a stick.

Brighton smashed glass, damaged a wing mirror and body work on the BMW, causing hundreds of pounds of damage, before he and Wenham ran off.

Mr Muller said police later searched the area and found the trampoline pole which had Wenham’s DNA on it.

He added that the offence for Wenham was aggravated by his previous convictions including a similar offence for which he was jailed.

Lee Egan, defending Brighton, of Charles Henry Road, Droitwich, offered no mitigation after confirming his client had been a youth at the time of the offence, and Judge James Burbridge said he would deal with him with a community order, as recommended by probation.

Robert Skinner, defending Wenham, said: “This was an attempt to get his money back.

“Mr Wenham has ended up hurting Mr Hughes, getting convicted, didn’t get his money back and faces an immediate custodial sentence. Hardly a triumph.

“He knows what he did was wrong, he is sorry.”

Mr Skinner said that if his client had simply gone to the small claims court, he wouldn’t have been in crown court, and would have got the money back.

He added that since the offence Wenham had stayed out of trouble.

Both Wenham and Brighton breathed a huge sigh of relief as they were told by the judge they would not be jailed.

Judge Burbridge said: “You (Wenham) arranged for him to be set up, that is why it passes the custody threshold.

“You took young Brighton along with you, only 17.

“You threw the trampoline pole, cutting his back – a nasty injury.

"I accept you were trying to get your money back, but this was not the way to do it.”

The judge handed Wenham a seven-month custodial sentence, suspended for 12 months.

Wenham was ordered to carry out 20 rehabilitation activity days, and was handed a three-month curfew that will be in force nightly between the hours of 7pm to 7am.

The judge also told Wenham to pay £500 compensation to the victim.

The judge gave Brighton, who he said “lacked maturity”, a 13-month community order including 20 rehabilitation days.

He was also ordered to pay £300 for the repairs to the car.