AN ex-convict who attacked his then fiance has been sent back to jail to finish the sentence imposed after the death of an 18-week-old baby.

John Howe, 27, who hit his former partner with a curtain pole, committed the offence while on licence from a five-and-half-year jail term. Burnley Crown Court heard how the defendant had earlier been convicted of manslaughter and child neglect after the infant, who had suffered fractures and was not properly fed, died in his care. Howe was sent to custody for 485 days to serve the unexpired portion of the previous sentence and Judge Raymond Bennett imposed 485 days to run concurrently, after the defendant, of Cronshaw Street, Burnley, was recently convicted by a jury of assault causing actual bodily harm, last January.

Sentencing him, the judge said he was sorry Howe had witnessed domestic violence as a child and that may have had an effect on him -- but he only wished the effect would have been to resolve that it never ought to happen in his house. Rachel Woods, prosecuting, said the defendant and his former girlfriend Jacqueline Bates rowed while shopping and when they got home, he dragged her by the hair into the house and threw her onto the settee.

He calmed down after a door came off its hinges but the argument continued upstairs where Howe punched Miss Bates.

While she was on the floor, struck her about the shoulders and back with a curtain pole.

Howe was arrested and admitted there had been a violent row but claimed he had been acting in self defence after Miss Bates had used the curtain pole.

Anthony Cross, defending, said Howe knew he would be going to prison. He had expressed remorse and accepted he shouldn't have behaved in the way he did.

Howe was now in a steady relationship and had not behaved that way with his new partner.

He went on: "It may be this was a violent episode which blew up out of nothing and which is not likely to be repeated."