A COUPLE who were attacked by an intruder in their Wirral home were praised for their courage by a top judge.

And he told the burglar Jason Allen: "What they did took guts.

"What you did was cowardly, despicable and is something for which there was no excuse at all."

Cannabis addict Allen, who had been with a masked accomplice, kicked and punched householder John Jarvis and also repeatedly struck his wife, Julie Jarvis, in the face in front of their shocked 11-year-old daughter.

Liverpool Crown Court heard that in his efforts to flee Allen also hit Mr Jarvis on the head with a brick causing a lump.

Judge Clement Goldstone, QC, the Recorder of Liverpool, expressed consternation that the CPS had only charged Allen with assault by beating the couple and not a more serious charge of assault causing actual bodily harm.

"They thought it appropriate to add a charge of possessing cannabis but not a charge for assault with a brick," he said angrily.

Allen, 28, whose previous convictions include breaking into a string of off-licences armed with a crowbar, pleaded guilty to burglary, two assault by beating and possessing cannabis.

Jailing him for 42 months Judge Goldstone said that the incident had severely traumatised the victims, particularly as he had threatened to return and "do" Mr Jarvis in.

"That sort of conduct really indicates the regard that you have for other people and their property," he said.

The judge imposed an indefinite restraining order to keep away from them and their home and ordered that Allen's expensive Breightling watch, which he had dropped at the scene, be sold to pay the victims £450 to repair damage caused in the raid.

Michael Stephenson, prosecuting, had told the court that at 6.30pm on December 3 the victims and their daughter arrived back at their home in Bedford Road, Birkenhead.

Mr Jarvis noticed a light unexpectedly on upstairs and on going inside saw the heads of two men peeping over the bannisters, one of them wearing a mask.

"They ran towards him shouting and swearing and as he got down the stairs Allen kicked him in the ribs."

The two men rushed towards the back door, which they had smashed on their way in, and Mr Jarvis managed to grab Allen "who turned round and punched him in the face with a clenched fist."

Allen broke free and ran towards the front door where he encountered Mrs Jarvis, who had got out of their car along with their daughter.

"She tried to get hold of him and he responded by punching her several times to the face and the daughter was pushed to one side," said Mr Stephenson.

While running in the front garden Allen tripped over in a sunken area and Mr Jarvis told hold of him and they both ended up on the ground.

"Allen then made his way towards Mr Jarvis' vehicle and picked up a brick from the garden wall and struck Mr Jarvis to the head with it.

"Mr Jarvis was assisted by a neighbour to restrain the defendant and held him until the police arrived."

Mr Stephenson said that during that struggle he made threats to come back and "do" Mr Jarvis and the neighbour.

The burglars stole jewellery in the raid which has not been recovered and the couple both suffered injuries.

Kyra Badman, defending, said that Allen, of Cassia Close, Walton, who appeared in court via video link from prison, had been in significant debt at the time and he had "not been the brains behind" the burglary.

He had stupidly gone along with it and consequently missed the birth of his child, who was born six days later.

A cannabis addict for ten years he hopes to work as a painter and decorator when freed and is genuinely remorseful, said Miss Badman.