A JEALOUS husband "went over the top," when he returned home in the early hours and found his wife and another man sitting together on the settee.

Burnley Crown Court heard how Jason Singleton, 31, thought something had gone on or was about to and attacked the man he believed to be his love rival, smashing his jaw.

Singleton escaped an immediate jail term, after a judge, who described him as a man of violence, said he must have been very upset -- and he did not think any right minded thinking member of the public would think the defendant ought to go straight to prison.

Judge Raymond Bennett said the circumstances of the case were exceptional. He said Singleton's wife, who knew of his nature, may have wanted to make him jealous after a row and had put the victim in danger.

Singleton, a road worker, of Clarence Road, Accrington, admitted assaulting Brendan Greenwood, causing him actual bodily harm, last June. He was given a three month prison sentence, suspended for a year and must pay £500 costs.

Chris Hudson, prosecuting, said the complainant had been to Afrikas nightclub in Accrington, where he was approached by the defendant's wife. She gave him her mobile phone number and he later rang it.

Mr Greenwood went to the Singletons' home by invitation and sat on the settee with the defendant's wife. He claimed nothing untoward went on but they had kissed. About half an hour later, Mrs Singleton heard the front door go and the defendant entered and asked what was going on.

Mr Greenwood was attacked by Singleton and thrown against the front door. A white ceramic pot was thrown at him and when the aggrieved got out of the front gate, he noticed his head was bleeding. Mr Hudson said Singleton threatened to kill Mr Greenwood if he ever saw him again.

Anthony Cross, defending, said in front of the settee where Mrs Singleton was sitting with Mr Greenwood were wedding photographs and the defendant's wife was wearing a wedding ring.

He added nobody reading about the case would think anything other than the court had taken the right course in not sending the defendant in jail.