A man has avoided going to prison for repeatedly kicking his ex-wife in the head after losing his temper when he was accused of being a "bit touchy" with his poorly current partner.

David Cross, of Ffordd Eglwys, Newtown, attacked his ex during the early hours of February 5 after they had been drinking at his home. She had accused her former husband of behaving inappropriately towards the defendant's current partner, after they carried her upstairs when she became drunk and unwell.

He became angry and repeatedly punched his ex in the head, grabbed her hair, then pushed her into the bathroom where she fell. She tried to fight back when Cross continued to stamp on her head, back and leg while his current partner tried to pull him back.

The judge said the attack left a "quite profound" effect on the victim, who was "very lucky" not to have suffered significant injuries which included a black eye and cut above the eyebrow, bruising and limping in pain.

"In drink, and drink is the trigger in this case, you lost your temper and behaved very, very badly," His Honour Judge Rhys Rowlands told Cross at Mold Crown Court on Thursday, October 26.

"There is no doubt anyone would have thought on paper that this deems an immediate custodial sentence, but I feel able to draw back from that and consider the effect that would have on your current partner."

Supermarket worker Cross was sentenced to 14 months in prison after admitting actual bodily harm, but that sentence was suspended for two years. He was ordered to stay away and not contact his ex-wife for the next five years.

She told the court that the "horrible" attack left her needing hospital treatment for a haemorrhage behind her eye, blurred vision and difficulty walking. She also spoke about her increased anxiety levels which has left her reluctant to go out and feeling "on edge the entire time" fearing that she will bump into her ex.

The defendant’s barrister Dafydd Roberts said in mitigation that the attack by the 38-year-old, who has no previous convictions, was prolonged and persistent with "particularly unpleasant" injuries from kicking.

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"He is already taking steps towards rehabilitation to deal with the problem that caused him to behave that night which is not holding his drink," Mr Roberts said.

He added that Cross is not a risk to the public and he obeys court orders, and that immediate custody would have an impact on others such as his partner who he cares for.

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"Most people would think this is an immediate prison sentence but these factors do bring it back to the brink," Mr Roberts said.

Judge Rhys Rowlands told Cross that the offence "plainly" passes the custody threshold but because of his early guilty plea and remorse, continuing rehabilitation and previous good character, and overcrowded prisons, he felt he was able to suspend the prison sentence for two years.

"Since your arrest you have sought help in particular for your drinking which suggests that there is a realistic prospect of rehabilitation," he said.

"You have a good working record; you’re not working full time but part-time at Morrisons.

"It was entirely out of character. But you are deemed suitable for intervention in the community."

Cross must complete 20 rehabilitation requirement days, 150 hours of unpaid work within 18 months, pay an £87 victim surcharge as well as £1,000 compensation to his ex-wife.

The judge decided not to impose a separate penalty for causing £685.20 damage to his ex's Vauxhall Zafira after it was kicked by the Newtown man in anger on the night of the attack.