A SPURNED husband who left his wife concussed after grabbing her as they argued about their a divorce has been spared jail.

Patrick Sundberg had been goading his estranged partner about what he would get from the split when the incident happened, a judge was told.

Sundberg, 47, who was under a restraining order imposed by magistrates, insists he only took her by the arm: even though she had marks round her neck.

But when she spoke to police the day after they were so concerned about her behaviour that they insisted she go to hospital where she was found to be concussed.

Now after hearing that the defendant accepted the 21-year marriage was now at an end a judge sitting at Swindon Crown Court imposed a suspended sentence.

And Recorder Malcolm Gibney told him should be breach the order again he said it is 'almost inevitable' he will be sent to jail.

Mark Ashley, prosecuting, said an incident in April last year was going to court but the assault charge was dropped when a restraining order was imposed.

He said six months later Joanne Sundberg invited him to her home in Grange Park, Swindon, to discuss the divorce when the children, who are all grown up, were not there.

"He told her he was going to take her for half the money and pension. He was goading her about what he was getting out of the divorce," he said.

"The situation is he was not working and Joanne was the bread winner. Then, in an unprovoked way, he launched himself towards her and grabbed her around the neck."

However Sundberg, now of Coniston Road, Chippenham, denied that and an actual bodily harm charge was dropped after he admitted breaching the restraining order.

Mr Ashley said that he had pleaded guilty on the basis that both had been drinking when they argued and he grabbed her by the arm.

"He accepts he may have caused marks to her neck, he accepts the unlawful application of force," said Mr Ashley.

"He does not accept he punched her but if she received a blow to the head by an elbow which caused some concussion, he accepts responsibility for that."

Mr Ashley said that when she called the police the following day they were so concerned she was taken to the emergency room at the Great Western Hospital who confirmed concussion.

Sundberg pleaded guilty to breaching a restraining order.

Tony Bignall, defending, said his client had suffered arthritis since he was 26 and, though he had worked as a builder, had been out of work for a while.

He said his brother, who lives in Sweden, had offered him a management position at his firm meaning he wouldn't have to do any heavy lifting.

As a result of his arrest he said his client would not object to a new restraining order being imposed to keep him away from his former wife.

"He is as a point in his life where he views the disintegration of his marriage to his wife with some sadness," Mr Bignall said.

The judge imposed a 20-week jail term suspended for two years with 30 days of rehabilitation activity requirement and a three year restraining order.

He said "With one breach of a protected order, in my experience no one gets a second opportunity.

"With a history of one breach it is virtually inevitable you will go to prison I take it you have realised the marriage is over."