CPS North East - Domestic Abuse Prosecutions - August 2023
Below are examples of Domestic Abuse cases successfully prosecuted by CPS North East in August:
- The victim had been with the defendant for ten years before their relationship broke down. The defendant breached the terms of an updated restraining order not to enter the locality of the victim’s new address. The victim saw the defendant slowly drive down her street and deliberately make eye contact with her. Despite an initial admission that he was fully aware of the revised terms of the restraining order, the defendant denied being in the area. This offence represented the defendant’s third breach of the restraining order; the first concerned indirect messaging and the second concerned the defendant driving behind the victim’s car. A bad character application was successfully admitted in respect of both of the two previous breaches. The victim was fully supportive of the prosecution and provided evidence at trial via live link. The defendant was convicted and sentenced to 14 weeks’ custody for the current offence, with an 8-week suspended sentence order in relation to a previous breach, which was activated to run consecutively.
- The defendant and victim had been in a relationship for approximately 18 months. The first offence was reported to the police in January 2023 by the victim’s sister. The defendant, victim and victim’s sister had been drinking together, before all going to bed. During the night, the victim’s baby began crying, and this led to a verbal exchange between the defendant and victim which escalated into the defendant allegedly kneeing the victim to her back. The second offence occurred In May 2023, when the defendant rang the victim in a distressed state; concerned for his welfare the victim called round to see him. However, matters deteriorated when the defendant blamed the victim for their son being take into foster care. When the victim tried to leave the property the defendant pushed her, causing her to fall onto a table, he then struck her across the face several times and continued to hit her before she managed to leave. The defendant pleaded not guilty to both offences. The victim and her sister attended trial and gave evidence via live link. Whilst the defendant was found not guilty in respect of the first offence, the defendant was found guilty of common assault by beating in respect of the second offence. He was sentenced to an 18-month community order, 25 rehabilitation activity requirement days and 150 hours of unpaid work, with a two-year restraining order also imposed.
- The defendant was convicted of assault occasioning actual bodily harm, criminal damage and breaching his restraining order after he gained entry to his ex-partner’s house by smashing her door. He subsequently subjected her to a violent attack, resulting in injuries to her face. He was sentenced to 25 months’ imprisonment and was made subject to a further restraining order for a period of five years, after he pleaded guilty at his first appearance at the Crown Court.
- On the first day of his trial, the defendant offered a plea to four out of nine counts, which included two counts of assault by beating and two counts of non-fatal strangulation. The prosecution lawyer and the victim discussed the basis of plea on the full facts - that he assaulted and strangled the victim on two separate days - and accepted the plea. The defendant was sentenced to a 36 month community order, which took into account the nine months in custody he had spent on remand.
- The defendant in this case is the ex-partner of the victim. Over the course of almost a 24-hour period, having entered her property, the defendant subjected the victim to a prolonged assault. This included her being punched to the face on numerous occasions and with the use of a knife, causing cuts to her hand and leg. After escaping the property, the victim sought refuge at the defendant’s mothers address where police were alerted. The defendant was charged and pleaded guilty at the Crown Court to offences of unlawful wounding and assault occasioning actual bodily harm. He was sentenced to a total of 18 months imprisonment and subject to a five-year restraining order in relation to the victim.
- The victim returned to her home to find her estranged husband inside with the doors locked. He eventually allowed her access to the property where she was subjected to an assault which included him grabbing her neck and scratching her face. Having alerted a neighbour, police were called, and the defendant arrested. He was charged with assault. At trial the victim gave evidence. With her testimony together with the 999 call and the officers body worn footage, the defendant was found guilty of the offence. He was sentenced to a 12-month community order which included 30 RAR days and 120 hours of unpaid work. The victim was also awarded compensation.