A MAN who left his victim with a bleed on the brain after being challenged about not wearing a face mask in a shop has avoided jail.

Stuart Cummings, of Ash Grove in Leeswood, appeared at Mold Magistrates Court for sentence on Thursday.

The 54-year-old had been convicted at a previous hearing of assault occasioning actual bodily harm.

Prosecutor Rhian Jackson told the court 70-year-old victim David Stewart had gone to Tesco at Broughton Retail Park on the afternoon of January 9, 2022.

An announcement was made over the PA system, reminding customers about wearing facemasks and observing social distancing.

Mr Stewart noticed a male he didn't know - Cummings - was stood in the aisle next to him and he was not wearing a mask or distancing himself.

The victim asked Cummings, with words to the effect of: "Did you not hear that?" to which the defendant answered: "It's none of your f****** business."

READ MORE: Johnstown brothers jailed for attacking man in kitchen

The victim walked away and left the store, but shortly afterwards, he turned around after hearing a male shouting to find Cummings behind him.

He approached the defendant to find out what he'd been saying.

"I'm going to smash your face in," Cummings told him.

And as the victim turned around to leave, he felt a blow to the back of his head which was delivered with "such force, it immediately caused him to go flying forward."

He landed on his left knee, which started to bleed.

The victim returned to Tesco and informed security staff, who administered first aid.

But at hospital it was discovered he had a bleed on the brain and had suffered severe post-concussion.

What followed was three weeks of "continuing and relentless" headaches for Mr Stewart, as well as ongoing side effects.

When he was arrested, Cummings claimed he'd been acting in self-defence, telling police that the victim had been the initial verbal aggressor.

READ MORE: Flintshire motorist banned and jailed after running over woman's leg

He continued in his denial and was convicted after trial in the Magistrates Court.

Euros Jones, defending, told the court his client had been found guilty on the basis of excessive self-defence.

He said: "The defendant stated he was recovering from a long term illness and could not wear a mask.

"This was at a time when you were very stigmatised for not wearing one and comments like 'you should be shot' had been shouted toward the defendant.

"Mr Cummings wasn't happy with this and wanted to explain to him that he'd been in hospital.

"When the witness came back, he believed he was going to be struck and - and so struck in self-defence.

"Mr Cummings has no record whatsoever for violence.

Make sure you don't miss the top court stories of the week by signing up to our free court newsletter

The Leader:

"Although he doesn't accept his guilt, he accepts he falls to be sentenced for this."

Cummings received a custodial sentence of 26 weeks, suspended for two years.

He was ordered to undertake 20 days of rehabilitation activity and pay the victim £600 in compensation.

No costs or victim surcharge were awarded.