after a judge overturned his prison term for assaulting a woman in a bar.

John Paynter was sentenced to a four-month prison sentence last October by Magistrate Cheryl-Ann Mapp after he admitted assaulting his ex-girlfriend.

Mrs. Mapp handed down the sentence after hearing that Paynter punched and struck Sabrina Warren in the face with a glass on July 15 at the Swinging Doors nightclub on Court Street.

Paynter, who has two previous violent convictions, spent two weeks in prison before being released on bail while awaiting his appeal.

Yesterday his lawyer Juan Wolffe told Puisne Judge Richard Ground that he was appealing the sentence on the ground that Mrs. Mapp did not let Paynter explain his version of the event and that the four-month prison term was "harsh''.

Mr. Wolffe also presented an affidavit from Paynter's ex-girlfriend which stated that she supported his appeal.

Ms Warren's affidavit said she had attempted to withdraw her complaint against Paynter before he appeared in Magistrates' Court on October 29.

She added that the facts put forth by Police were a "gross exaggeration'' and she believed that Paynter only meant to throw a drink in her face, not break the glass against her face.

Mr. Wolffe argued that Mrs. Mapp's sentence was based on the wrong facts.

"If Mrs. Mapp had heard the correct facts from prosecution and from Paynter, then he may have received a different sentence,'' he suggested.

But Crown counsel Jo-dina Pearman produced a copy of Paynter's statement to Police and argued that the differences between the prosecution's version and his were insignificant.

"He admits hitting her twice, once in the face and once on the side,'' she said. "The prosecution's version said there were two punches to the face.

"He admitted he pushed a six ounce glass into her face and that it broke upon coming in contact with her face. This is the same as the prosecution's statement of facts.'' Ms Pearman added that the most serious part of the incident -- where he pushed the glass in her face -- was not in dispute.

And she said the combination of Paynter's two previous violent convictions and his readiness to become violent against a woman in a public place were "disturbing''.

Despite his concern about Paynter's use of public violence, Mr. Justice Ground said the four-month prison sentence was excessive and decided that the two weeks Paynter spent in prison were adequate.

But he warned him that if he became violent again, "no one will treat you lightly''.