A JUDGE has fined a man for assault after expressing “surprise” that he was cleared by jurors of two more serious offences.

Karl McCarthy was sentenced at Oxford Crown Court on Tuesday following a trial in December.

The 33-year-old was accused of throwing stones at arguing couple Theresa Bottley and Marian Cabraretti before allegedly attacking Bottley with an axe handle.

But jurors cleared McCarthy, of Toot Hill Butts, Headington, of causing grievous bodily harm with intent and unlawful wounding respectively.

He was found guilty of causing actual bodily harm after throwing a container of water at the pair, which struck Mr Cabraretti.

Passing sentence, Recorder John Hardy told McCarthy: “I confess to a degree of surprise at the jury’s verdicts in your case.”

He opened proceedings by saying: “I have been puzzling over this case.

“Juries are the cornerstone of our criminal justice system and they sometimes return verdicts that occasion surprise, indeed astonishment, in some parts of the courts, but it’s the jury’s verdict that counts.”

Graham Bennett, defending, said his client was a labourer who was working on a casual basis while claiming employment support allowance due to epilepsy.

He said Mr Cabraretti suffered “a scratch to the head” during the incident in Oxford on August 4 last year which required no treatment.

The court heard that McCarthy spent 148 days on tagged curfew following his charge, equal to 74 days in prison.

He was fined £300 and a £15 victims’ surcharge.