A JEALOUS man who pulled a knife on his ex and her new man has walked free from court despite the law saying he should receive a mandatory six month jail term.

Stephen Moore had been drinking before he spotted the couple in a town centre subway and confronted them with the weapon.

Because the 25-year-old has previous convictions for possessing bladed articles he faced the compulsory jail term unless a judge thought it unjust.

But Recorder Gordon Bebb QC, sitting at Swindon Crown Court, decided not to activate the law, instead telling him he was getting 'a last chance'.

Colin Meeke, prosecuting, said "A young woman who was Mr Moore's girlfriend has transferred her affections to a Mr York.

"That has led to a difference of opinion and a falling out between Messrs York and Moore, who were before this mere acquaintances, but not on the best of terms."

He said in the early evening of Thursday May 5 the couple were walking in the subway from The Parade area of the town centre towards the bus station.

"They reached the paved area and they saw this defendant. There had been some bad feeling between the defendant and Mr York," he said.

"As he saw them, so he pulled out a knife. Mr York described it as being about 20cm long but it looks to be some five to six inches in the photographs.

"There was clearly some threatening behaviour. Mr York said 'I remember feeling fear that he might use the knife on me'."

Mr Meeke said the victim pushed the defendant to the chest with both hands, causing him to fall and drop the knife.

He then kicked him to stop him reaching for the weapon again and held him while his girlfriend picked it up and found a nearby police officer.

"She handed the knife to the officer and told her 'He should be arrested, he had the knife and could have stabbed someone'."

When he was questioned he admitted he had been foolish and accepted he had taken some cannabis before the incident.

Moore, of Tudor Crescent, Walcot, pleaded guilty to possessing a bladed article.

The court heard he had convictions from July 2011 for having two knives as well as another for assault soon after.

Clare Fear, defending, said the first set off offences took place when he had taken the knives out to harm himself, and not anyone else.

She said he had shown remorse for the latest matters and accepted he reacted badly to the break down of the relationship.

Passing sentence the judge said "You had been in the pub drinking, You came out of the pub and you saw your ex girlfriend with her present boyfriend.

"You took your knife out. You were jealous: for no other reason than that there is this knife produced.

"As people in the street said, 'He should be arrested, he could stab someone'. As you should know the presence of knives can be very dangerous. They can lead to fatal consequences and I note in this case drink was involved."

He imposed a 12 month jail term suspended for two years and told him to do a thinking skills programme and 15 days of rehabilitation activity requirement.