Man who attacked partner in drunken frenzy avoids prison

Kenny Martin’s victim Rachel Callaghan was repeatedly punched, throttled round the neck and kicked during a half-hour ordeal on New Year’s Day, a court heard today (Friday).

Prosecutor Paul Nicholson told Bradford Crown Court that as she was being throttled by Martin the complainant thought she might be killed and hit him over the head with a bottle.

After being struck Martin responded by kicking and punching the complainant who eventually sought refuge in the bathroom of the house in Grove Terrace.

While in the bathroom she rang 999 on her phone and Martin was arrested by police officers who arrived at the property.

Mr Nicholson said the victim was treated in hospital for substantial bruising to her face and jaw and she also suffered bruising to other parts of her body.

Martin, whose only previous conviction was for a public order offence several years ago, was charged with assault occasioning actual bodily harm and pleaded guilty to the offence when he appeared before Calderdale magistrates the day after the attack.

Mr Nicholson told Judge Colin Burn that he had not been provided with any victim personal statement from the complainant and he was not aware of the her views about Martin or their relationship.

Martin’s barrister Stephen Wood said the complainant had not visited his client while he was in custody awaiting sentence.

Mr Wood said Martin had received awful news about his brother’s health and he had drunk to excess prior to the assault.

“Something silly was said and his anger and his upset at his brother’s predicament just exploded into this awful incident,” said Mr Wood.

Mr Wood accepted that his client could be facing a 12-month jail term for the offence, but he argued that if that sentence was imposed Martin would come out of prison in four or five months time with no support at all.

“Awful as this incident was it is in everybody’s interests that he is made subject to a two-year community order to address the difficulties that underly this serious incident,” submitted Mr Wood.

“If he doesn’t grasp that opportunity he’ll go to prison.”

Judge Burn described the violence as frenzied and drunken and said the alcohol consumed by Martin had led to him acting in a quite brutal way towards the complainant.

The judge said Martin needed supervision to prevent anything similar happening again and for that reason he was prepared to impose the two-year community order as a direct alternative to 12 months in jail.

Under the order Martin will be supervised for two years by the probation service and he will also have to do 200 hours unpaid work for the community