A man has been jailed for five months for a road-rage attack even though a witness has come forward to admit to the assault.

Dean Bryant, 23, of Patcham, Brighton, had denied causing grievous bodily harm to Esfandyou Golchin but was found guilty at his trial last month.

The jury was told that the attack happened in front of Mr Golchin's 11-year-old daughter on December 5, last year.

Her father suffered a fractured cheekbone and lost a tooth after a confrontation involving Bryant and his friend Lewis Smith.

It happened after Mr Golchin was confronted by Bryant's Toyota 4x4 on the wrong side of the road as he came round a bend in Barrhill Avenue, Patcham, The Toyota then followed Mr Golchin's car until they both stopped in nearby Winfield Avenue.

Both Mr Smith and Bryant got out of the off-roader and approached Mr Golchin.

Mr Golchin and his daughter both told the jury the Toyota driver had punched him.

Bryant denied this and said it was Lewis Smith who had pushed Mr Golchin, who had then lost his balance and fallen over.

Mr Smith also told the jury he was the one who had pushed Mr Golchin and Bryant had not touched him.

Mr Smith, 19, also told the jury it was Mr Golchin who was aggressive.

He said: "He was really aggressive and was throwing his arms about, he was really losing his rag. He was right in Dean's face.

"I was worried about Dean because he had just had his jaw wired up in an operation.

"I saw the man's head jar back as if he was going to headbutt Dean, so I pushed the side of the guy's face to get him off.

"He fell to the ground but got up three or four seconds later."

The court was told that Bryant was originally charged only with dangerous driving and Mr Smith was charged with causing grievous bodily harm.

However, the case against Mr Smith was later dropped and Bryant was additionally charged with GBH.

The jury convicted Bryant of both charges. He was warned he faced an inevitable prison sentence and the hearing was adjourned for pre-sentence reports. When the court reconvened for sentencing yesterday, Emma Gowing, defending, said: "Mr Bryant is appealing against conviction on the grounds of fresh evidence which is very persuasive.

"There has been a very interesting development in that a new witness has come forward at court this morning.

"Perhaps, if he had come forward beforehand, the outcome of the trial may have been quite different.

"He says it was quite clearly the passenger who punched the victim and not the driver."

Recorder James Dingemans, QC, jailed Bryant for five months for the attack and banned him from driving for six months.

He said that because the new evidence had not been heard by the trial jury, it was now a matter for the Court of Appeal to consider.

Mr Dingemans added: "The reason is that the new witness says it was the passenger who punched Mr Golchin and not Mr Bryant.

"That is inconsistent with the evidence given by Mr Bryant and Mr Smith which was that it was Lewis Smith who had pushed, not punched, Mr Golchin."