A MAN who attacked his neighbour with an axe walked free from court yesterday after a judge heard that he was the sole carer for his disabled wife and two children.

Judge Peer Bowers told Norman Appleby that a man with his problems must occasionally reach the brink of despair.

Appleby, 35, snapped when he heard that his neighbours of seven months had reported his family to social services, said Brian Russell, prosecuting.

Appleby picked up the axe, which was kept in his kitchen, and went next door to confront him.

Neighbour James Howe told police that Appleby struck him with the axe twice on his back, and he blocked a blow to his head with his arm.

Mr Howe disarmed him, but Appleby said he would leave the house if he was allowed free, Teesside Crown Court was told.

Mr Russell said that Mr Howe's two boys, aged two and five, were traumatised by the incident in Frosterley, Weardale.

One of them was later giving counselling.

Appleby said that his wife and two children later moved to live in Bishop Auckland.

Deborah Sherwin, defending, said: "He accepts that he was wrong in reacting as he did. It is a matter of good fortune that the axe, with which he intended only to frighten, was blunt."

Judge Bowers said: "The way you acted on this day was under any assessment outrageous, dangerous and deserves a sentence of imprisonment.

"I am quite prepared to accept that you were driven to the edge of despair by the behaviour of Mr Howe.

"I don't think a man has to face these kind of problems without occasionally coming to the brink of despair."

Appleby, of Surtees Street, Bishop Auckland, was given an 18-months jail sentence suspended for two years and put on probation after he admitted affray and assault causing actual bodily harm on September 9.

But the judge warned him: "I take this course because few people have to cope with what you have to.

"You are allowed one lapse. But if you come back to court within two years nothing will save you from the sentence I pass upon you."

A charge of aggravated burglary, which he denied, was left on the court file.