No jail for ex-partner who knifed abuser
● being ‘drunk’, ‘slurring his words’ and as ‘fluctuating behaviour between being calm and compliant and being aggressive’.
Miss Nepal said one officer had to stop the man as he became aggressive and clenched his fists while a family member was trying to speak.
Garvey went on to plead guilty to assault occasioning actual bodily harm on June 6.
She had no previous convictions for violence, but had previous court appearances for driving matters, most recently for drink driving in 2003.
Jeremy Rawson, defending, said his client had been a victim of domestic violence of an ‘unpleasant nature for many years’, and she deserved credit for her plea and ‘considerable regret’.
Mr Rawson said the assault took place under ‘provocation’ and said a community order could be imposed.
Recorder Nadim noted that the expartner had made no statement to the police, adding that Lorda Garvey had been ‘very fortunate’ to avoid more serious charges than ABH.
He sentenced her to four months in prison, suspended for 12 months.
During his summing-up, he said: “The court cannot ignore the fact that the defendant is fortunate she hasn’t been charged with a bladed article offence of a more serious offence which would’ve been easily justified.
“The court can’t ignore the fact that a knife was used, albeit in circumstances of attrition.
“My personal judgement is that the custody threshold is crossed and for the reasons you have ably articulated.
“I don’t think I need to deprive her of her liberty.”
He added: “It appears that in the course of that visit he (Colin Garvey) got himself inebriated and as was the case, essentially he began to abuse and belittle you and, in short, in response to the behaviour that you were familiar with you asked him to leave.
“He refused to leave and it’s thereafter that you failed to exercise proper judgement.
“You decided that the best way forward was to threaten him out of the house, you helped yourself to a knife, you used that knife to hit him.
“He refused to take that message and thereon you proceeded to use that knife to cut him, cut him in the knee area causing a wound and some amount of bleeding.”
With regards to the complainant sticking up for the defendant, Recorder Nadim said: “The complainant has argued in his own letter that he was responsible for, in effect, provoking and goading you.
“The offence that you have admitted is a serious matter.
“As I’ve observed you are very fortunate that you have not been charged with more serious offences and that the prosecuting authorities have exercised proper compassionate judgement in charging you with the offence they have.”
Anyone affected by domestic violence can search online for support or speak to the police on 101.