A STUDENT from the Royal Academy of Arts said he was provoked into kicking aman in the head outside a Darlington kebab shop.

Paul Green, 31, from London, pleaded guilty to a public order offence, but argued he had been spat at, punched and head-butted by the other man in the takeaway minutes before the incident, which occurred in Skinnergate, Darlington.

However, David Maddison, prosecuting, said the kicking was done while the other man was on the floor and was not warranted.

The self-employed artist, of Old South Lambeth Road, Vauxhall, London, represented himself at Darlington Magistrates' Court yesterday.

He pleaded guilty to using threatening behaviourwith intent to cause violence.

Mr Maddison said: "The incident happened outside Best Kebabs on Skinnergate, Darlington, just before 1am on November 13.

"The men had previously been involved in a confrontation in a public house and had met again in the takeaway.

"The men then had an altercation in the takeaway and when they got outside, the defendant kicked the other man in the headwhile hewas on the floor."

Representing himself, Green said: "The gentleman attacked me in the takeaway. He spat in my face, he punched my face, he head-butted me.

"I kicked him in the head when he was getting arrested.

I regret kicking him in the head but I had been drinking and was provoked."

The victim did not sustain serious injuries from the blow.

Green was given an 18-month conditional discharge and ordered to pay £50 in court costs.