A policeman had to jab an angry man in the chest with his baton to fend him off, a court heard.

Derek Smith lost his temper when officers arrested his wife following a row with the couple's daughter. He became aggressive and told the law enforcers: "I'll have you all, I told you not to nick her."

Colchester magistrates heard the 37-year-old lunged forward and threw a punch which was prevented by one of the officers.

James Boyle, prosecuting, said Smith, of Eton Road, Clacton, was convicted of assaulting a PC at trial on the technical basis that the officer feared he would be assaulted, but no physical contact actually took place.

Russell Haldane, mitigating, said: "Mr Smith clearly bitterly regrets his behaviour."

He said Smith was woken at home on August 4 last year when police arrived following a disturbance between his wife and daughter.

Smith was given an 80-hour community punishment order and ordered to pay £100 towards costs.

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Published Thursday, February 17, 2005

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