A “DANGER to the public” who throttled and smothered his former partner and put a knife to her throat has kept his freedom.

Judge Andrew Stubbs QC at York Crown Court said Jonathan Scarce, 26, had told a doctor he had also been violent towards family and workmates and feared that he would harm someone seriously.

But “to his surprise”, the judge continued, following new national guidance meant he should suspend a two-year prison sentence for two years.

Tom Storey, prosecuting, said Scarce had exploded into violence when his then girlfriend said their on-off relationship was over and refused to have sex with him.

York Press:

As he punched the door, she fled to her car but he dragged her out by her hair, took her back into his house where he threw her onto the kitchen floor and straddled her with a bread knife in his hand.

“I’m going to end us both” and “If I can’t have you, no-one else will,” he told her as he put the knife to her throat and dropped it to choke her with both hands round her neck.

Suddenly, he stopped the attack, took the knife outside, where he cut off a stretch of washing line and said he was going to hang himself. She fled the house and ran home.

Scarce, of Huntsman Walk, Foxwood, denied threats to kill but was convicted at a trial in January. He admitted assaulting his former partner.

“You are, it seems to me a risk of danger to the public because of the difficulties you have in controlling your anger,” the judge said.

But, following the national guidance, because there was a strong chance that Scarce could be rehabilitated outside prison, had no previous convictions and had already sought psychiatric help, he was spared jail. This added to the fact that defence barrister Alex Williams told the judge Scarce’s elderly grandparents depended on him, he suspended the two-year prison sentence for two years on condition that Scarce does 20 days’ rehabilitation, go on a course on how to have relationships and does 200 hours’ unpaid work. Scarce must pay £750 costs and was banned from contacting his former partner indefinitely under a restraining order.

Mr Williams said Scarce had “fragile” mental health and handed in a psychiatric report containing Scarce’s words to the doctor.

He also handed in references by Scarce’s family and friends which described him as a caring partner and relative, which the judge said didn’t give the full picture of what Scarce was like.