A CHEF who kicked a man with learning difficulties on the head at a Galashiels superstore has been told he would have been jailed if he had a previous conviction for assault.

John-Paul Weldon repeatedly pushed his 19-year-old victim causing him to fall to the ground,before putting him in a headlock and kicking him on the head to his injury.

The incident happened at around 4am on Sunday, February 5, at the Tesco underground car park.

The 27-year-old, formerly of Hawick and now living in High Street, Galashiels, also admitted a second charge of struggling violently with two police officers at ASDA shortly afterwards.

Selkirk Sheriff Court was told the victim suffered bruising and swelling to the face in the attack which was captured on the Tesco CCTV system.

When officers caught up with Weldon he was aggressive towards them and "significant force" was required to put him into the cage of a police vehicle.

Procurator fiscal Graham Fraser confirmed the victim had learning difficulties "but tries to live a semi-independent life".

Defence lawyer Ed Hulme said his client had no recollection of the incident but pleaded guilty after watching the CCTV footage.

He added that Weldon did not know his victim or aware he had learning difficulties and had not targeted him.

Mr Hulme said it was the complainer who approached Weldon and his client had reacted to something that had been said.

Sheriff Derrick McIntyre told Weldon: "If you had a previous conviction for assault you would be going to jail. There is no rhyme or reason why you did this.

He was ordered to pay £750 compensation to his victim and carry out 180 hours unpaid work as a direct alternative to custody.

In addition Weldon was given a five month curfew keeping him in his home at night time between the hours of 10.30pm and 6.30am.

Sheriff McIntyre added that if Weldon breached the community pay back order he would receive an eight months custodial sentence.