Munir Hussain's case was similar to that of farmer Tony Martin but in this case there was less public support.

Munir Hussain and his wife and children returned home to find intruders, wearing balaclavas, in their house.

Mr Hussain was jailed today for carrying out an attack on one of the intruders.

Michael Wolkind, defending, argued that his client, who has been prescribed anti-depressants, was the “real victim” in the case.

Mr Wolkind said the case had similarities to that of farmer Tony Martin, who shot a teenage intruder, noting there was public support in both cases.

He told the court: “The public surely do not want Munir Hussain to receive imprisonment.

”I don’t seek a medal, I seek justice for him.”

Munir Hussain, usually a controlled man, had simply acted in the heat of the moment in “extreme circumstances of stress”, he said.

The prosecution said the Hussains were not being convicted for apprehending Salem, but for the “excessive force” they used on him.

Hilary Neville, prosecuting, said: “What started as reasonable self defence by Munir Hussain then turned into excessive force by virtue of a sustained attack by Munir, Tokeer and at least two others.”

The court heard sentencing would have an impact on the local economy, with 10 members of staff losing their jobs at Soundsorba, the company run by Munir Hussain, who employs his brother as a technical director. The firm, which produces sound-absorbing material, has an annual turnover of £2.5m.

Munir Hussain feels he let down his wife Shaheen Begum and sons Awais, 21, Samad, 15, and 18-year-old daughter Arooj, by failing to defend them against Salem and his gang. His wife had suffered a stroke prior to the incident, and had since had a mini stroke.

There were now fears for his mental health, a psychiatrist who assessed him told the judge.

Dr Philip Joseph said Munir Hussain could even attempt suicide if his depression reached that stage, saying: “He would be in his cell, worrying about his family, thinking about the many losses he has suffered as a result of this incident.

”I would have concerns he would make a serious bid to harm himself.”

Before today’s sentencing, a senior police officer had told Munir Hussain, who previously won an Asian businessman of the year award and is head of the Race Equality Council for High Wycombe, that he had sympathy for him.

The court heard Chief Inspector Colin Seaton of Thames Valley Police, the senior officer in the case, approached Munir Hussain after a community meeting, asking if there was anything he could do to help.

”He stated that whatever happened that night in the heat of the moment, he was still sad to see Munir Hussain and Tokeer Hussain convicted,” Mr Wolkind added.

”He said they were outstanding members of the community and they had done a great deal of work in the community, both before this incident and afterwards.”

Chief Insp Seaton stressed that he did not wish to see either brother go to jail.

The brothers will serve up to half their sentences in custody. Under normal sentencing guidelines they would each be starting sentences of at least seven years, the judge added.

Speaking outside court, Mr Wolkind said: “The criminal justice system has failed twice.

”The court was unable to sentence Walid Salem with sufficient harshness, or Munir and Tokeer Hussain with sufficient compassion.

”It’s difficult to believe that this outcome reflects the thinking of the public, or the interests of justice.”

He said he intended to appeal against the sentence on his client’s behalf.