A MAN who beat his disabled brother with a walking stick, breaking his arm, has been spared jail.

Former bus driver Aniel Patel flew into a rage during an argument with his 52-year-old brother at their mother’s home on October 16 last year.

Bolton Crown Court heard how Rashikbhai Patel, who is partially sighted, has diabetes, kidney disease and an emotional personality disorder, began shouting, swearing and poking at his brother with his walking stick.

“The defendant grabbed the stick and effectively lost his temper, “ said Nicholas Clarke, prosecuting. He punched and kicked his brother, hitting him at least twice with the stick, leaving him with black eyes and bruised face and stomach as well as fractured right arm.

“This was a sustained and repeated assault on his brother,” said Mr Clarke.

“It is fortunate that, in the context of the offence, the injuries were relatively minor.

“The Crown has to accept there was an element of provocation.”

He added that the victim had not wanted his brother prosecuted over the incident.

In November Aniel Patel, aged 55, of Cecil Street, Bolton, was arrested and immediately admitted he was responsible for injuring his brother.

He pleaded guilty to causing grievous bodily harm.

Andrew Evans, defending, said Patel was a carer for both his mother and brother and had ‘completely overreacted’ because his sibling was making her cry.

Judge Timothy Stead sentenced Patel to 12 months in jail, suspended for two years. He will also be electronically tagged and subject to a 7pm to 11pm curfew for eight weeks.

Judge Stead said: “It’s a very sad case in many ways. I can well understand you have very great concern for your mother.

“It was a family domestic situation which you found very trying. You are remorseful and I accept that.

“I like to think you are never going to do anything like that again.”