The mother of a little boy shot as he played in his garden has slammed a judge who allowed the teenage gunman to walk free from court.

Toheen Akthar said her six-year-old son Assad Mehmood still suffers sleepless nights and refuses to sleep in the back bedroom of their house in Tower Hill, Clitheroe, since the shooting last September.

Assad was left bleeding and sobbing after Tony John Kimmance, 18, discharged a .22 calibre air rifle from the rear of a house that backs onto the Akthar family home.

The child suffered a half centimetre hole to his head which had to be cleaned and glued. Kimmance at first denied involvement in the shooting and blamed one of his friends.

The defendant, of Salthill Road, Clitheroe, later admitted assault causing actual bodily harm and possessing a firearm at the time of committing an offence. He was given a two year community rehabilitation order.

Mrs Akhar said :"I'm unhappy about the sentence, he should be behind bars. It's not fair because he could have killed somebody.

"What makes it worse is that he is going to carry on living in a house that backs on to ours. Assad wont sleep in the back bedroom anymore and hes had trouble sleeping.

"This person may have had a troubled upbringing, but that doesnt excuse what hes done. He's an adult and should know better.

"Banning these weapons would make little difference because they can always get hold of them."

Sentencing, Judge Anthony Russell, QC, told Kimmance he was extremely lucky not to be going to jail and had it not been for the mitigation on his behalf he would have ended up behind bars.

Burnley Crown Court heard that the schoolboy was playing in his back garden with other children when his mother heard screaming and shouting.

She then heard a banging sound and was told her son had been shot. He had blood running down the left side of his face and his hands were also covered in blood.

The child was crying and upset and his mother put a towel on the deep wound to his head. He was taken to Burnley General Hospital for treatment. Kimmance, who was arrested the same day, had a previous conviction for assault from October 2003 and had been sent to an attendance centre.

Richard Bennett, defending, told the court Kimmance had learning difficulties and had had an unhappy childhood.

He said it was clear that rather than locking the defendant away for a short time, a better disposal both for him and the public at large would be a community rehabilitation order.

Kimmance would be subject to an extensive period of supervision which would focus on developing his problem solving and cognitive skills.