A WORKINGTON man who was "savagely beaten" by a masked thug with a baseball bat reacted by returning to the scene with a hammer and a folding saw.

But 34-year-old Scott Foster’s decision to take the weapons on to the street outside his Salterbeck home on the evening of June 2 landed him in trouble.

Despite being a victim of the attack, Foster was later himself prosecuted for the weapons possession. He admitted illegally possessing in a public place a bladed article - the saw - and the hammer.

At Carlisle Crown Court, prosecutor Matthew Hopkins outlined the facts. The offences were committed at around 9pm on June 2 this year.

Police were called to Mountain View where the defendant lives after receiving reports that a man wearing a balaclava had assaulted another man with a baseball bat in the street.

“The defendant appears to be the man who was being assaulted,” said Mr Hopkins. There was a further call to the police saying that a man was walking around with a knife and a hammer.

“This person also appeared to be the defendant.”

Foster was seen waving the hammer in the air. When the police arrived, the officers immediately demanded that Foster drop the hammer he had been waving around.

Foster complied, and also removed a folded saw with a serrated blade from his waistband and put that on the ground also.

“Police noticed the defendant appeared to be under the influence and he had a small cut above his right eye,” said Mr Hopkins. The officers also noticed the defendant’s house windows had been smashed.

They confirmed that Foster had been attacked with the baseball bat and knocked to the ground, where his attacker also repeatedly punched him.

Mr Hopkins conceded that the defendant was probably “just short” of having a reasonable excuse for having the weapons in a public place.

At the time of the incident, Foster was under the terms of a suspended jail term for an earlier offence.

Kim Whittlestone, defending, said the defendant’s behaviour could at times be blamed on a brain injury he suffered as a child. When he finds it difficult to make himself understood, he can become frustrated.

Explaining the weapons offences, the barrister said that the mask wearing attacker had earlier that evening been drinking with Foster in his home.

“Due to the behaviour of the other male, he evicted him from his home,” said Miss Whittlestone. “The other male then took umbrage and returned wearing a balaclava and carrying a baseball bat.

“The windows were put in by another male, it would appear. But the Mr Foster is assaulted with the baseball bat. He then went into his home and came back outside with those [weapons], fearful that they would return.”

READ MORE: Workington man Scott Foster illegally had air weapon and ammunition

Foster now accepted that he should instead have sought help. The court heard that Foster’s criminal record consisted of 52 previous offences, including him illegally possessing an air rifle.

Judge Michael Fanning told the defendant he was right to admit the two offences. “It can never be right, no matter what the provocation, to arm yourself with a blade,” said the judge.

Though he accepted that Foster was the victim of a “pretty savage” beating, taking a bladed article on to the street ran the risk of causing serious injury or even death.

“You will be aware what happens when people use blades to sort out arguments, often in circumstances where they, like you, are in drink,” continued the judge.

But he noted also that Foster used no violence.

This led the judge to conclude Foster had "misguidedly" picked up the weapons to defend  himself while he waited for the police. Judge Fanning imposed a one-month jail term and activated two months of an earlier sentence.

Given that Foster had spent a month in jail on remand, he is likely to be released either immediately or very soon.