A man who brandished a hammer at a young couple in a road-rage incident has avoided prison.

Barry Duff, 55, of Humber Close, Rayleigh, broke down in the dock as he was given a three month jail sentence suspended for one year.

Duff had pleaded not guilty at an earlier hearing but was convicted of common assault and using threatening, abusive and insulting behaviour and magistrates had warned him he may face jail.

He had been acquitted of another charge of possessing an offensive weapon, as the hammer he used in the road rage incident was in his van for work purposes.

Glen Bartlet, mitigating, told magistrates that Duff maintains his innocence despite the conviction.

The court had previously heard that Duff cut in front of a young couple driving a convertible Mazda as he joined the Southend-bound carriageway of the A127 on March 6 this year.

Darren Jones, who was driving his girlfriend's car, passed Duff on the inside lane in order to turn off at Rayleigh Weir, shaking his head and making a rude gesture at him as he passed.

Duff pulled up behind Mr Jones at traffic lights in a white van. He approached them brandishing a hammer and waved it at Mr Jones shouting, "I'm going to take your head off".

Published Tuesday, July 1, 2003

Brought to you by the Evening Echo