A MOTORIST ordered to do 80 hours community punishment after he waved a toy hammer at two men, appealed successfully.

Stephen Atkins picked up the plastic hammer his grandson had left on the back seat and brandished it at the men after their cars nudged twice, Swindon Crown Court heard.

Counsel for the Crown Eric Waley had applied for an adjournment because two prosecution witnesses had not been able to attend.

Due to staff shortages the two witnesses had only been contacted the night before.

Atkins was arrested after his car had nudged another with two young men in it and they had pursued him.

When they reached the McArthur Glen Outlet Village off High Street, Meysey Hampton, Atkins got out waving the hammer. Barrister Andrew Hobson said the defendant was being chased and felt desperate.

The 55-year-old had already completed 52 hours of the sentence. The appeal was allowed and a compensation order for £50 set aside.