A man who assaulted his ex girlfriend in a bid to get her mobile phone and check her messages has been spared jail.

At Luton crown court Lawton’s Stuart Sprawson who represented the man said his client had shoved his ex but no more.

The court heard he was desperate to know if rumours were true that she had a new boyfriend.

That was why he had climbed in through the bedroom window of the woman’s home in Dunstable to get to her. In a struggle that followed for the phone he pushed her and she was left her with marks around her neck.

The 31 year old from Dunstable was given a 22 week prison sentence which was suspeneded for two years and given two years supervision when he appeared at Luton Crown Court on Friday 19th June. He was also ordered to pay £400 towards prosecution costs and an £80 surcharge.

Recorder Sandeep Kainth, told him: “You must try and control your temper and control your jealousy… To enter a woman’s house in the early hours when intoxicated gives cause for concern. It appears you are the jealous kind and this was clearly premeditated.”

He pleaded guilty to assault by beating in the early hours of October 27 last year.

In court, the 999 call the woman made to police moments after the defendant had shoved her to get her mobile was played to the judge hearing the case.

The woman who was clearly hysterical at the beginning, told the emergency operator what has happened and named her ex as the man who had come into her bedroom and pinned her down as he grappled with her to get the phone.

Neil King prosecuting said “He wanted to know if there was any truth in the rumours that she was seeing someone else.”

In court the defendant told the court he had not placed his hands around the woman’s throat at any stage in the struggle for the phone, but he aggreed he had “shoved” her by pushing her in her upper chest area.

He said all he wanted to know that night was if she was seeing someone else.

He told the court he wanted to know for his own “sanity” and if he had found out that she was, he would have drawn a line under the relationship and moved on.

Recorder Sandeep Kainth ruled that on the evidence he had heard he accepted the man had not tried to strangle the woman.

Stuart Sprawson, defending, said there had been contact between the couple, but he now accepted the relationship was not going to change.