AN UNQUALIFIED tree surgeon who brandished a fake pistol outside a McDonald's sobbed as he was jailed for one year.

Richard Lyman admitted drinking 14 cans of beer before pulling the gas-powered pistol from his bag and pointing it at a group of men after a dispute 10 minutes earlier.

The 28-year-old claimed he discovered the pistol buried deep beneath a travellers' site and wanted to flaunt it to his homeless friend but instead used it to scare off the men.

Jailing Lyman at Oxford Crown Court on Monday, Judge Zoe Smith said: "It was a scary moment and certainly scared those that were there."

Lyman was sitting on a bench when a clash broke out between the defendant and the group of men at about 10pm in Banbury, the court was told.

The group of men decided to leave the scene and eat at McDonald's but bumped into Lyman about ten minutes later outside the fast food venue.

Prosecutor Jane Davies said the defendant drew the pistol from his bag before pointing it to the head of one of the men and proclaiming 'this is for you'.

The men tried to back away after fearing Lyman was going to use the pistol as he laughed 'you did not expect me to do this'.

Officers were called after the men retreated back into the McDonald's, Ms Davies said.

In his interview with police, Lyman claimed he only wanted to scare the men as he felt threatened by the group, fearing they would 'kick his head in'.

The group were shouting and trying to start trouble when they approached him outside McDonald's, Lyman alleged to police.

Defence barrister Robert Lindsey said Lyman, of Thornbury Rise, Banbury, accepted he acted stupidly when he 'momentarily' waved the pistol in front of the group.

Lyman, who was in care from the age of five, 'desperately' wanted to tackle his alcohol problem, Dr Lindsey claimed.

The defendant, who admitted possessing an imitation firearm with intent to cause fear or violence on March 19, was ordered to pay a victim surcharge.

Judge Smith also ordered the forfeiture and destruction of the pistol.