A MAN wept uncontrollably as a court heard how he held a spade to his girlfriend’s throat and slapped her in the face.
The tears of homeless 32-year-old Daniel Brett provoked no sympathy among Scarborough magistrates however, who jailed him for five months.
Katy Varlow, prosecuting, said an argument had broken out on the evening of October 22 between Brett and his girlfriend after she overheard him make a lewd comment to a barmaid at The White Swan pub in Kirkbymoorside.
Mrs Varlow said: “After hearing the comment the victim swore at the defendant and walked away. She asked the barmaid what he had said and found out he had offered to take her on holiday.”
Brett then left the pub and went to a nearby Indian takeaway. His girlfriend followed him and continued the argument before she returned to the pub and Brett went home.
When the woman returned to their Kirkbymoorside home a short time later, she found that Brett had barricaded himself inside the bedroom with a spade.
“He told her to stay away,” Mrs Varlow added. “She kicked the door and he moved the spade so the door could open. He pushed her in the chest and she was laid on her back.
“He picked up the spade and came at her. She put her legs up. He started fighting her and moving the spade about. The defendant then got the spade to her neck.”
The court heard that Brett’s partner then shouted “go on then” with the spade held to her throat.
Brett then began slapping the woman in the face with his left hand as he kept hold of the spade with his right hand.
Mrs Varlow said: “It is clear the relationship is volatile and she was angry but the defendant went over and above the course of an argument to assault her.”
Brett then broke down in the dock and began crying loudly, causing magistrates to temporarily halt proceedings as his victim watched from the public viewing area.
He wailed: “I love her. I didn’t mean it. I’m so sorry.”
Brett had initially entered a not guilty plea to assault before he changed his mind and admitted the charge.
Ian Brickman, mitigating, said: “My client went to the pub and she came in and was abusive to him. She was sticking two fingers up at him and swearing.
“She followed him to the Indian takeaway where there was an altercation. She was the one who pushed him and kicked his keys around.
“He went home and took the unusual step of barricading the bedroom door with a tool box and a spade. He was hoping she would just go to bed in the other room.”
Mr Brickman said that the woman had smashed open the door.
“He lost his temper and he did assault her,” Mr Brickman added. “I would stress that there is no suggestion that this woman was assaulted by the spade.”
As well as the five-month jail sentence, a two-year restraining order was imposed.