A POWYS man has been spared an immediate prison sentence for headbutting his former partner and fracturing her nose – in an incident a crown court judge described as a “disgraceful assault”.

Judge Richard Twomlow said a pre-sentence report conducted by the probation service described JJ Symonds as possessing an “explosive aggression” when drunk, as he gave the 22-year-old a 14-month jail term, suspended for 18 months, at Merthyr Tydfil Crown Court on Thursday.

The victim had been in a relationship with the defendant, but the relationship had broken down by the time of the assault, which happened in the early hours of March 6 last year following a night out in Builth Wells.

Symonds’ sentencing hearing was told the defendant had been verbally aggressive towards her as they walked towards the Groe car park at around 12.30am on March 6, before headbutting her and fleeing.

He was later arrested by police, but not before he had physically lashed out and verbally assaulted them also.

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Symonds, of Dan y Bryn, Llangammarch Wells, admitted charges of causing actual bodily harm and resisting arrest, when he appeared at Llandrindod Wells Magistrates’ Court in October.

Prosecutor Freddie Lewendon told the court on Thursday the incident occurred following a night out at the Dazzlarz nightclub in Builth.

“There was a verbal argument between the pair and the defendant became aggressive,” said Mr Lewendon.

“He was blaming her for the relationship breakdown. At one point their faces were almost touching and she told him ‘Go on then, do something’, which is when the defendant headbutted her to her nose.

“She fell unconscious and woke up on the floor with double vision. Daisy Kelham, an off duty police officer, called 999 after she heard the scuffle, and she witnessed the defendant running up an alley to the high street.

“She and a friend attended to the victim, who they found in the foetal position. She had a lump on her forehead, her jumper was ripped and she had a cut to her knee. She was suffering from double vision."

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Mr Lewendon said when Inspector Rees-Jones attempted to arrest him he swore at him, and was verbally and physically aggressive when he was taken to the floor, and managed to get back to his feet.

He continued to be aggressive even after being pepper sprayed, and pub door staff needed to help, and when he was finally arrested he cut his head open by banging his head on the inside of the police van, the court heard.

Inspector Rees-Jones required hospital treatment following the incident, while Symonds' ex attended Hereford County Hospital 11 days later and was diagnosed with a fractured nose.

In a victim impact statement read out by Mr Lewendon, she said: “I have found myself drinking more as I wanted to forget what happened. I remain anxious and do not like going out in the same place as it brings back memories.”

Acting for the defendant, Ross Mcquillan-Johnson highlighted his early guilty plea and added: “It was a nasty offence but the victim didn’t require surgery.

“His view was he couldn’t remember this assault happening but he pleaded guilty as it likely happened and it was him who caused it. He simply doesn’t remember it.”

Judge Twomlow told Symonds: “This was a case of where the headbutt is essentially use of a weapon, it’s serious harm. It was a serious use of violence.

“He didn’t help himself terribly with his behaviour during the pre-sentence report. He has to realise how close he’s come to a significant, immediate custodial sentence."

He added: 

“It was a disgraceful assault. Your behaviour was completely unacceptable. The report author speaks of a man who uses explosive aggression when drunk.”

As well as the suspended sentence, Symonds must adhere to a 12-month community order with 25 rehabilitation activity requirement days and 150 hours of unpaid work. Symonds must pay his ex £500 compensation.