A factory worker from Trowbridge took the law into his own hands and attacked someone he thought had stolen his girlfriend’s mobile phone.

Father-of-five Nigel Hibbert, of Sheridan Gardens, punched suspect Christopher Gerry, who suffers from Asperger’s syndrome, and kicked him on the ground after confronting him at his own home.

But a judge has decided to put off passing sentence on the 45-year-old to see if he can stay out of trouble.

Claire Marlow, prosecuting, told Swindon Crown Court on Thursday how trouble started after Hibbert, who works at Airsprung in Canal Road, suffered an epileptic fit in a pub in September 2007.

While his partner was tending to him, someone stole her mobile phone and a few days later he was told it was a man called Chrissie.

Hibbert then found out where the man he had been told was involved lived and went to the home of Christopher Gerry in Lambrok Close, Trowbridge.

But after confronting him he lost his temper and punched him a few times before kicking him to the back while he was on the ground.

Mr Gerry also suffered a number of cigarette burns which Hibbert insisted had been inflicted accidentally as he was smoking at the time.

Hibbert admitted one count of actual bodily harm.

The court heard he had a number of previous convictions including matters of assault.

Alex Daymond, defending, said his client had gone to the address to speak to the victim and was not aware he suffered from Asperger’s.

He said his client had been told the victim was responsible for taking the phone and while he denied it he said it was apparent he was aware of what had happened.

When Mr Gerry told him that the phone had been sold he said that Hibbert lost his temper and attacked him.

Judge Mark Horton decided to put off passing sentence, telling Hibbert he must observe an 8pm to 5am curfew and save for compensation during the next six months.

He told him: “This court simply will not tolerate this kind of violent vendetta action and anyone who commits this type of behaviour will go to prison and it is something that you and others have got to understand clearly.”

The judge said he would be able to avoid passing a jail term if he stayed out of trouble for six months, kept to the curfew and saved some money.