A FATHER-of-three whose estranged wife's leg was smashed after he pushed her in a family row, has escaped jail.

Burnley Crown Court heard how Andrea Sutcliffe was screaming in pain after hearing a crunch -- but husband Gary told her to stop being so dramatic and walked out of the room when she asked him to phone for an ambulance.

Mrs Sutcliffe had to have an operation, faces further surgery, is scarred and is still off work after her leg was broken in February. The defendant, of Hillcrest Avenue, Cliviger, was conditionally discharged for 12 months, after admitting assault causing actual bodily harm.

Sentencing him, Judge Raymond Bennett said he pushed the complainant harder than was justified and if the case had involved more serious violence he would have been sent to prison.

He ordered Sutcliffe, a fitter who had no previous convictions, to pay £1,000 compensation but added that was limited by the defendant's means. Rod Priestley, prosecuting, said Mrs Sutcliffe had gone to the former matrimonial home where the defendant lived with their teenage son. Her son told her she was not welcome at the property and pushed her, Sutcliffe intervened and an argument developed.

Sutcliffe became angry and lost his temper after his estranged wife suggested the house be sold so they could each buy their own home. Philip Holden, defending, said Mrs Sutcliffe had been living with two of the three children and felt the matrimonial home would be better for her.