A painter who tried to help his father kill himself by driving over him, then hitting him with a spirit level, has walked free from court.

Brian Bailey, 34, of Gilbert Road, Eastbourne, was yesterday given a two-year suspended jail term after he admitted helping his father in his suicide attempts.

The attempts took place in August just days after, Brian alleged, his father Nicholas Bailey, known as Terry, confessed to killing his estranged wife Susan.

Mrs Bailey was found strangled on August 17 last year at her flat in Channel View, Eastbourne, by her daughter Tina Nicholls, 33.

Terry Bailey was on trial for Susan's murder but he was found dead in his cell at Lewes prison after taking an overdose of painkillers.

Sentencing Brian Bailey at Lewes Crown Court, Judge Richard Brown said: "These offences are, of course, serious but the circumstances in which they came to be committed are extremely unusual - in my experience, unique.

"You had the good sense to plead guilty and the courage to give evidence in the trial of your father.

"Because of the exceptional circumstances that surround this case, I will impose a two-year prison sentence, suspended for two years."

Earlier, Richard Barton, prosecuting, said: "Terry Bailey and his son, on August 20, spent the day together driving around the area in a white Ford Sierra.

"They consumed a large amount of alcohol and both became emotional. Terry Bailey confessed to his son that he, Terry, had killed Susan.

"They drove to a commercial area and Terry asked Brian to assist him in killing himself and said he, Terry, would put his head under a wheel of a car and Brian would drive over it."

The court heard the son agreed to take part in his 58-year-old father's plan and ran over his head but realised the attempt had not worked when his father stood up with scuffs on his head. The two men then continued to drive round a deserted water works.

Mr Barton said: "Both got out of the vehicle to urinate. Brian was angry and felt he had to assist his father. He picked up his spirit level and hit his father over the back of the head, causing the level to break in two. He then left that area."

Julian Dale, defending, said: "This is a tragic and wholly exceptional case. You have before you a young man who has lost his step-mother, his father, his marriage, the support of his family - who blame him for the death because he gave evidence against him - and his business because he was self-employed."

The defence told the court Bailey wanted the police to detain his father to prevent him committing suicide after two earlier attempts.

Bailey declined to comment after the hearing.