A DEFENDANT who broke another man’s jaw in a late night attack in Weymouth has avoided an immediate prison sentence.

Kelvin George Simmons, pictured, of St Mary Street, Weymouth, was given an eight-month prison sentence, suspended for two years, at Dorchester Crown Court after admitting charges of inflicting grievous bodily harm and assault.

The court was told the offence occurred in the early hours of August 4, after 32-year-old Simmons had been involved in an argument with a group of people on a night out in the town over a mobile phone.

Stuart Ellacott, prosecuting, said Simmons had been arguing with a group from the window of a town centre property and as they turned to leave he ran down the stairs and out of the property.

He said the defendant punched his first victim, Michael Bowditch, once before going over to another man, James Askew, and punching him.

Mr Ellacott said: “He then returned to Mr Bowditch and punched him again.

Both men were knocked to the floor by the blows and, while Mr Askew suffered only an aching jaw, Mr Bowditch was left with three fractures to his jaw that required surgery.

Mr Ellacott said he was forced to take two weeks off work and was unable to eat solid foods for two months.

When questioned by police Simmons admitted his anger had ‘got the better of him’.

He denied intending to cause serious harm but said he was in a rage because of what had been said to him.

Tim Shorter, mitigating, said the incident was ‘regrettable’ not only because of the injuries caused to Mr Bowditch but also because it put under threat the good work his client had been doing in recent months to turn his life around.

Recorder Robert Linford imposed 150 hours of unpaid work in the community on top of the suspended sentence and ordered Simmons pay £1,000 in compensation to Mr Bowditch.

He told Simmons: “The injury he had was serious and in fact it could have been worse.

“No matter what provocation you perceived there as being he didn’t deserve that.”