A JUDGE criticised the Crown Prosecution Service after it charged a man responsible for a “vicious” assault with a minor offence.

Alan Armstrong headbutted, kicked, slapped and punched his girlfriend Amber Smith on August 22, leaving her with a broken nose and displaced teeth.

The 21-year-old, from Couldrey Close, Abingdon, earlier admitted common assault and having a bladed article – after he waved a razor blade at arresting officers – and was sentenced at Oxford Crown Court on Friday.

But Recorder Sandeep Kainth told prosecutor Henry James the charge of common assault was too lenient and Armstrong should have faced ABH at the least.

Common assault carries a maximum sentence of six months in jail, while for ABH it is five years.

Mr James had earlier told the court Armstrong, who has 11 previous convictions for 16 offences, committed the attack while on bail for assaulting the same victim and her mother.

He was subsequently jailed for 18 weeks on two counts of ABH in relation to those matters.

Outlining the August 22 incident, Mr James said: “Police were called after neighbours complained of noise from the property.

“Police found the defendant leaving the property and the victim upstairs in some state of disarray.”

He added: “There was a large quantity of blood on him (Armstrong) and also in the stairwell.

“This was a nasty assault, certainly at the top end of what would be a common assault.”

Recorder Kainth said: “It clearly falls within an ABH.”

Stephen Bailey, defending, said his client had been in a tempestuous relationship with the victim, but the pair had now separated.

He said: “This was regular behaviour between the two, in terms of arguments.”

He added: “He (Armstrong) has never had an appropriate male role model.

“His father had problems with drink and violence and the defendant has mirrored his father’s bad behaviour which has caused Mr Armstrong so much upset over the years.

“It’s about time he not only focused on his bad behaviour but importantly kept his motivation up so he can deal with issues such as drink, drugs and domestic violence.”

Recorder Kainth said it was a “very nasty altercation” and jailed Armstrong for five months, giving credit for an early guilty plea.

CPS spokesman Jacqui Broadbridge said a lesser charge was brought because the victim did not give direct evidence. She said: “In this particular case the CPS did not charge the offender with ABH... on the grounds there was no direct evidence and a hearsay application would have unsuccessful.

“A lesser offence of common assault was decided upon.”