AN XBOX gamer who bit the mother of his child has had his jail sentence thrown out on appeal.

Reece Chambers was given a 22 week prison sentence last month after reacting aggressively when magistrates told him they were imposing a restraining order banning him from seeing his partner. They binned the community order they had given him moments before and jailed him.

Sitting alongside two magistrates at Swindon Crown Court, Judge Jason Taylor QC said of JPs’ decision to revoke a community order and replace it with jail: “In our view that was a knee-jerk reaction by a court under pressure and the appellant should have been given time to reflect on his behaviour.”

In the stead of five months behind bars, 20-year-old Chambers was given a two year community order with a requirement to complete 150 hours of unpaid work and 25 rehabilitation sessions.

The court heard Chambers and his partner had a tempestuous relationship. In the early stages of that relationship his girlfriend had fallen pregnant and the couple now had a baby daughter.

On December 21, the pair had argued at her Newton Way home and he grabbed her arms and swung her around before pushing her against the wall. He then stamped on her phone after – he claimed – he had seen messages from a man of whom he did not approve.

Six days later, on December 27, their daughter was in the house when the pair rowed over the TV. She later told police her boyfriend had been in her house for around four days doing little except playing the Xbox.

When she asked him to stop he grew angry and told her she would have to fight him for control of the TV. He pushed her then, in a struggle over the TV, bit her hand.

Prosecutor Colin Meeke read a statement from Chambers’ girlfriend apparently made in the wake of the December 27 incident. She said: “I’m not a punch bag for him to use when he doesn’t get his way. I will not tolerate anymore emotional or physical abuse.”

But giving evidence before Judge Taylor this week, the woman denied much of the Crown’s account. She claimed the couple had goaded each other and said Chambers’ mood had improved since receiving medical help for anger issues.

Emma Hillier, defending, said doctors were looking at whether her client had ADHD. “He does accept he has anger issues and that was evident when he appeared in the magistrates’ court.”

Judge Taylor kept the 12 month restraining order preventing Chambers from seeing his girlfriend. He said: “Victims do sometimes need to be protected from themselves and also here there is a young child who can be injured physically and psychologically in the crossfire.”