Drunk given suspended jail sentence for ABH
Full of remorse after kicking mother of his child in the face
A DRUNKEN man angrily waved a baseball bat around before kicking the mother of his child in the face, causing a fractured nose.
Leicester Crown Court was told that Jordan Smith, 20, was so remorseful he has since given up alcohol.
Eunice Opare-Addo, prosecuting, said that on December 23 last year Smith returned to his partner’s home, where he was then living in Cambridge Street, Shepshed, in a drunken state.
Their son and another child, from her previous relationship, were both upstairs in bed.
Miss Opare-Addo said: “An argument between the couple ensued.
“He grabbed a baseball bat and swung it around but didn’t hurt her with it.
“She wanted the defendant out of the house and went to get help, returning with a neighbour.”
The court heard that Smith was distressed and upset and “making a lot of noise” upstairs.
The prosecutor said: “As the victim went to the top of the stairs, he held on to the banister and kicked out with the sole of his foot to the face, causing immediate pain to her nose which bled.” The defendant then left the property. Miss Opare-Addo said: “The neighbour didn’t witness the assault but he saw her coming downstairs with a bloody nose, which was fractured.”
Smith, of Schofield Road, Loughborough, admitted causing actual bodily harm.
He was given a nine-month jail sentence, suspended for two years, and ordered to do 140 hours of unpaid work.
Smith was also placed on a 15-week night-time electronically monitored curfew, between 7pm and 5am. He was ordered to pay £500 court costs. Judge Philip Head imposed a three- year restraining order banning the defendant from contacting the victim or going to Shepshed.
The judge said: “You had a relationship and a child and that placed obligations on you.
“You went home late at night clearly drunk and started flailing around with a baseball bat and your partner was sufficiently frightened to go to a neighbour for help.
“When she went upstairs you took hold of the banister and used it as an anchor to kick her face; hard enough to break her nose.”
Judge Head said she went to hospital for treatment but he did not have an upto-date medical report on her condition.
The prosecutor said the complainant was now scared about going into Loughborough in case she encountered the defendant. The attack had affected her mental health, leaving her suffering from depression and anxiety.
Ami Jones, mitigating for Smith who was 19 when he committed the offence, said: “He’s remorseful.
“It was an isolated incident and he still has a lot of growing up to do.
“He understands it was due to excessive drink; he’s not someone who deals very well with alcohol in his system. “He is no longer drinking.” Judge Head said: “It sounds like someone who had a skinful and it made him nasty.”
Miss Jones said the defendant now lived with his mother and step-father.
He was in work and had been trying to save up some money for his son.
She said: “He feels it was a stupid incident that happened because of alcohol in his system and he regrets it immensely.
“Afterwards he couldn’t even recall what had happened.
“He wants to make efforts be a good role model for his son in the future.”