A construction worker who snapped and reached for a gun when he was awoken by noise from a building site near his home has been spared a jail sentence.

Peter Bailey was tired after working nights when he retired to bed only to be disturbed by the deafening sound of a gas nail gun being used about 20 metres from his home in Chenies Close, Tunbridge Wells.

The 55-year-old highly paid Falklands veteran jumped out of bed and grabbed his .22 calibre air rifle with a telescopic sight from the wardrobe.

Bare-chested, he went to his window at 9.15am and told site manager Sean Stanton: “If you fire one more shot, I will shoot back.” He then went back to sleep.

Maidstone Crown Court heard Mr Stanton was terrified and called the police. Armed response officers went to the scene and Bailey was arrested.

Mr Stanton said later: “I was extremely concerned that either myself or two colleagues would be shot. I believed the male to be holding a real gun and wanted to get to safety as soon as possible.”

Prosecutor Oliver Dunkin said: “It was a very quick incident but a terrifying one for those who witnessed it. There was no evidence the gun was loaded. He himself could have ended up shot.”

Judge Philip Statman commented: “We live in troubled times and when individuals have firearms in the manner described, the consequences are profound because immediately there is a response team armed.

“He is someone who has served in the armed forces. He would have appreciated approaching firearms with the utmost caution.”

The court was told Bailey, who as well as being at the battle of Goose Green in the Falklands served in Afghanistan and had three tours of Northern Ireland, had been working as a project manager seven days a week, 18 hours a day for three months at a site in Colchester, Essex.

The father-of-two admitted possessing an imitation firearm with intent to cause fear of violence.

He was sentenced to eight months imprisonment suspended for two years and ordered to do 180 hours unpaid work.

Bailey, who was said to earn £6,000 a month, was also ordered to pay £1,500 court costs.

Judge Statman said Mr Stanton would not have known if it was a real gun or if it was loaded. A significant factor was that the gun was not pointed at anybody.

“I am satisfied it happened spontaneously,” he said. “We live, sadly, in very dangerous times and the sighting of a weapon, albeit an air rifle, causes grave and anxious concern to the community as a whole.”

The judge added: “You are a hard-working family man - a good and charitable man in the community. You earn a substantial income.”

Bailey’s Army career was of significance for two very different reasons.

“Firstly, a man who has served in that way is entitled to put his service career as a mitigating factor going towards his character before the court,” he said.

“But the other side of that coin and equally of importance is that you more than most in the community would know the danger of taking up an air rifle in the manner described.”

Judge Statman said it was wholly exceptional for a non-custodial sentence to be passed for such an offence.

“I want to make it absolutely clear I have had to think long and hard about the right sentence in this case,” he said.

“I am just persuaded to suspend the sentence. It may well be a lenient sentence but in my judgement it is not one that is unduly lenient.”