A MAN has been spared jail for his role in an attack on his mum’s partner, who had been accused of being unfaithful.

The attack happened in the home of Cecillia Biscette and her two sons, Jake and James Nestor in Yardley, Basildon.

A row between Biscette and her partner led to the two sons coming downstairs and attacking the victim.

Jake Nestor, 20, kicked the victim in his leg before he fell to the floor, resulting in his leg being fractured.

His brother, James Nestor, 30, then allegedly bit the victim’s ear off during the incident and will appear at court at a later date.

Prosecuting, Chetna Patel, revealed how the victim had said he is “nervous about going out” and sad “about the relationship he had lost” in his personal statement.

Houzla Rawat, mitigation for Jake Nestor, said he was just 19 years old at the time of the offence on August 17 last year.

Ms Rawat said: “He hasn’t got into trouble since. This is also a family who are considerably close, especially after the death of his father.

“He kicked at the victim and caused a fracture to his leg, but he certainly wasn’t involved in the other injuries.”

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Jake Nestor, of Yardley, Basildon, received an 18 month sentence, suspended for 20 months. He will also complete 60 days of rehabilitation and 200 hours of unpaid work.

Judge Samantha Leigh, said: “Mr Jake Nestor, you are 20 years old now and were 19 at the time.

“They had been away for the night and then came back.

“Your mum fell asleep upstairs watching TV. She had then seen something on the victim’s phone and said ‘are you cheating on me’.

“A row broke out between the two of them. The noise meant you and your brother came out.

“It then descended into a fight and you kicked him in the leg and he went onto the ground. That really is your involvement.”

Judge Leigh warned that if Mr Nestor didn't follow the requirements of his sentence or got in trouble again, he would make a return to the court.

In July, Biscette received a 12 months conditional discharge after being charged with assault by beating, which she admitted.

A further hearing for James Nestor is set to take place on November 1.