on man who put his victim in hospital after catching him in bed with his girlfriend.

Denton Burchall, 29, had been given a six-month sentence suspended for two years for GBH after his assault with a crash helmet left the victim with cracked ribs, a punctured lung and a broken nose.

But Mr. Ward asked Crown Counsel Larry Mussenden: "If you found somebody in bed with your girlfriend how would you react?'' Mr. Mussenden said: "I don't know how I would react. My first reaction would be to walk away and sort the matter out. They were sleeping.

"The defendant moved the girl friend out the way and lashed out at the victim.

"Perhaps my violence would have been directed at the girlfriend. I rather think the gentleman's' violence was misdirected.

"Provocation is not something the magistrate should have taken into account.'' After the hearing Mr. Mussenden pointed out that he in no way condoned violence against women.

Earlier Defence counsel Mark Pettingill said: "My client walked in with his crash helmet in his hand to get his passport. He was extremely shocked. It was out of character.

"There wasn't an extensive number of blows. It's not like he returned with a weapon. There was no intention to cause death or grievous bodily harm.

"He walked into the room and this is what he found. It was a haze of madness.

But he then called an ambulance and gave medical assistance to the man he had injured.'' He said Burchall, of South Avenue, Southampton, had been tearful and extremely sorry for what had happened.

Mr. Pettingill, who is a martial arts expert, said if he had been faced with a similar situation then the interloper might have faced an "unhealthy experience''.

Mr. Ward rejected the Crown's appeal. He said: "Most people faced with similar situation would have reacted violently. The sentence is not manifestly inadequate.'' A bid to increase a sentence on a man convicted of assault and theft was dropped by the Crown yesterday when the court heard that the defendant was undergoing drug counselling at Darrell's Island.

Repeat offender Clarence Hill, of Parsons Road, Pembroke, had been given a 28-day sentence suspended for two years.

But Hill, 38, explained the retreat was helping him face up to his problems.

Crown Counsel Larry Mussenden said: "It's embarrassing for the criminal justice system that what's available outside the system is better than what's available inside.''