A MAN who repeatedly kicked a prone man in the head has been allowed to keep his freedom - to protect the public.

Jailing schizophrenic Andrew David Keith Bolton could make him more likely to harm other people, York Crown Court heard.

Last month, a jury at York Crown Court heard how Bolton, 35, punched a man to the ground in the street.

As the victim lay unconscious and unable to protect himself, Bolton kicked him several times in the head.

Bolton, of Cygnet Street, off Nunnery Lane, York, denied causing actual bodily harm but was convicted by the jury.

The case was adjourned for sentence.

When Bolton returned to court, his solicitor advocate Neal Kutte said: "Undoubtedly there is a link between mental health and the commission of this offence."

A month after the attack Bolton had been sectioned under the Mental Health Act.

He had been diagnosed with schizophrenia, detained for three months at Foss Park Hospital and put on anti-psychotic medicine.

Since he had been released from hospital he had not reoffended.

The defence lawyer said: "There are concerns about the effect of imprisonment (on Bolton) because of his mental health and his personal circumstances."

Judge Simon Hickey read a psychiatric nurse's letter and a probation officer's pre-sentence report about Bolton before passing sentence.

He said locking Bolton up would be detrimental to his mental health and that he could come out of prison as a greater risk to the public.

At the moment, the risk he posed to other people was being managed because he was on medication to control his mental health.

"If you can stay off your alcohol consumption and manage your mental health by managing to take your medication then the public will not be at risk," the judge told him.

He passed a 15-month prison sentence suspended for 18 months with conditions that Bolton do 35 days' of rehabilitative activities. The judge followed a recommendation from the probation service as he also ordered that he do a six-month drug rehabilitation requirement.

If Bolton reoffends during the 18 months or fails to do the rehabilitative activities or the drug requirement he can be made to serve all or part of the 15 months.

The jury heard that a woman who lives in the street where the attack happened heard an argument between Bolton and the other man on September 11, 2020, and saw them fighting, with both of them throwing punches.

Then the other man was put to the ground and Bolton kicked him repeatedly.

She called the police while the incident was ongoing.

The victim had suffered bruising and swelling on his head but had not suffered internal fracture. He had no memory of the incident.