A JUDGE said he had no option but to let a man who attacked his partner for a second time walk free from court,.

Imposing a two-year community order with a supervision requirement on Ashley Martyn Brown, Judge Christopher Prince warned Brown that if he breached the order he would be return to face him personally and a sentence would be imposed that “would be just in the circumstances”.

Durham Crown Court was told Brown had spent 201 days on an electronic tag, which is the legal equivalent of a three-month prison sentence.

The judge instructed prosecuting lawyers to investigate whether there was any way he could impose an immediate prison sentence, but was told that time spent on the tag counted.

Passing sentence, the judge said: “If I could send you to prison I would send you to prison, because both of the assaults were against the same victim.”

Brown first attacked the woman, with whom he had a two-and-a-half-year relationship, in March last year.

Hours after the she told Brown she wanted to break off their relationship he punched her twice to the face, pressed her onto a bed, spat at her, grabbed her throat and said: “I’d rather kill you than anyone else have you”.

The second attack came on April 29 this year, when Brown grabbed the woman and threw her to the floor, leading to a scuffle which left her with grazes to her face, chin, wrist and knuckles.

Brown, of Cotsford Park Estate, Horden, who pleaded guilty to common assault, was also made subject of a three-month curfew from 7pm to 7am and ordered to complete 100 hours of unpaid work for being in breach of suspended sentence order.

In mitigation, the court was told Brown was a young man who was still capable of being helped and turning his life around.