Legal News

Leading judge Simon Bourne-Arton QC has said that those who commit domestic violence offences will be prosecuted, even if the victims fail to co-operate with police inquiries and withdraw their complaints.

Judge Bourne-Arton spoke out against the perpetrators of domestic violence after jailing 28-year-old David John Scott for smashing a wine glass over his girlfriend’s head. Scott denied the charges and Scott’s girlfriend had not co-operated during the police inquiry or testified during the case.

Judge Bourne-Arton told Teesside Crown Court that the victim had “sought to withdraw” her allegation against Scott “from day one”.

At the trial in April, Scott was found guilty of unlawful wounding, but was cleared of wounding with intent to cause grievous bodily harm. He had denied both charges.

Local online publisher GazetteLive reports that Scott was arrested after a neighbour called the police to report noise coming from his flat at around 5am on January 10. The neighbour had heard a woman screaming and crying for help at the flat.

Police received another call, which was cut off – and when they called the flat back, the court heard that Scott answered the telephone and police heard a woman crying in the background.

Scott had told police that there had been a dispute with someone else but no one was injured. However, when police officers visited the property, they discovered broken glass in the living room and Scott’s girlfriend in the flat, with bloodstained hair.

The victim told the police that Scott had pinned her down on the sofa during a “heated” argument – and had punched her several times. He had then smashed a wine glass over her head.

The resulting wound later required hospital treatment and had to be stapled. The victim also sustained a broken wrist in the struggle with Scott.

Police officers recorded that the woman was “crying, irate, aggressive and refusing medical treatment” when they visited the property, however.

Neither Scott nor his victim gave evidence at the trial – and Scott claimed that his girlfriend’s injuries were self-inflicted after she went “wild” and smashed the glass over her own head.

Although Scott had no previous convictions for violent behaviour, he was in breach of a six-month suspended prison sentence for perverting the course of justice. His defence lawyer told the court that he had otherwise complied with the terms of the suspended sentence and had completed unpaid work as required.

However, the jury at Teesside Crown Court found Scott of California Close in Stockton guilty of unlawful wounding and Judge Bourne-Arton jailed him for 21 months, including a three-month jail term for breach of the suspended sentence.

Judge Bourne-Arton told Scott:

“Those men – indeed those women – who carry out violence which is called domestic violence realise and should realise a number of things: firstly, that the courts will take it seriously.

“Secondly, that, even if for whatever reason the complainant – here your girlfriend – chooses to seek to withdraw her complaint, the court will and the prosecution will continue with the allegation if there is sufficient evidence to support it.

“That’s what happened here – she sought to withdraw her allegation from day one.

“The jury found that you carried out violence towards her, violence within the home.

“Anyone who carries out such violence will naturally expect to be sentenced to a term of imprisonment.

“Because violence within the home is a curse.

“It’s perpetrated by people who have a quick temper and resort to their fists or anything coming into their hands to use as a weapon.”

Duncan Lewis Domestic Violence Solicitors

Duncan Lewis domestic violence solicitors can advise victims of domestic violence on their rights under the law – including violence in the family towards elderly or vulnerable family members, or child abuse within the family.

Duncan Lewis is also one of the UK’s leading firms of Legal Aid solicitors and can advise on domestic violence and family or childcare law under UK law or Islamic law.

For confidential and expert help with domestic violence issues, child abuse and abuse towards elderly or vulnerable family members, contact the Duncan Lewis Domestic Violence Helpline on 07920 077054 as soon as you are able to.