A THUG who bit a woman and punched a man when they stepped in because they thought he was assaulting his girlfriend has been spared jail.

Damien Rue was drunk at a boozy family barbecue when he lashed out in a melee in front of children and adults.

But after hearing he had been drinking while on anti-depressants, and lashed out in excessive self-defence, a judge imposed a suspended sentence.

Hannah Squire, prosecuting, told Swindon Crown Court that the incident unfolded in the garden of a Haydon End home on Sunday, May 28.

She said there was some sort of commotion and another man and his partner saw the defendant with his hands round someone.

Both rushed in to intervene but Rue lashed out and punched him to the face and left him with scratches on his neck.

Miss Squire said that the man thought he was briefly knocked out and as a result of the attack he was taken to hospital.

During the incident his partner also tried to tackle Rue to stop the violence and when her arm was across his face as she tried to restrain him, he bit her.

When police arrived at the scene the defendant was being restrained by other party goers and when he was questioned he denied any of the violence.

But he did say that he had blackouts due to alcohol consumption when he was taking anti-depressants.

At an earlier hearing Colin Meeke, prosecuting, said: "They legitimately intervened in a dispute between the defendant and a woman and they got bitten and bashed for their pains. He bit one and punched the other."

Rue, of Dydale Road, Swindon, pleaded guilty to actual bodily harm and assault by beating.

He pleaded not guilt to a charge of common assault on his girlfriend and prosecutors said they would not seek a trial on that count.

The court heard he was jailed in 2009 for causing actual bodily harm and in 2014 for conspiracy to supply hard drugs.

Ellen McAnaw, defending, said that her client sometimes worked seven days a week but would find time to do a community order.

Passing sentence Recorder Jason Taylor said: "This was a family barbecue and you drunk more than you should have while on medication.

"You punched somebody you should not have, you bit somebody which was unpleasant.

"Whether you were acting on excessive self defence as you claim in your basis of plea, you don't have any violence since 2009."

He imposed a three month jail term suspended for 18 months with 150 hours of unpaid work, a thinking skills programme and 20 days rehabilitation activity requirement.

Rue was also ordered to pay £1,000 compensation to his victims at £75 a week.