A petulant Norfolk man stormed out of court, having just admitted to spitting in his ex-girlfriend's face and smashing up her property.
Elliot Yaxley, 22, of Mill Road, Great Yarmouth, admitted a charge of common assault and two charges of criminal damage when he appeared at Great Yarmouth Magistrates' Court on Friday, 25th September 2020.
Common assault is an offence under section 39 of the Criminal Justice Act 1988. It has a maximum penalty of 26 weeks' custody on summary conviction.
Criminal damage is an offence contrary to section 1(1) of the Criminal Damage Act 1971. Cases of damage less than £5,000, as in this case, are dealt with summarily. The maximum penalty is fine at level 4 (currently £2,500) and/or 3 months' custody.
Prosecutor Mark Jackson told the court that Yaxley and his former girlfriend had an argument at her home on New Years' Eve. During the "prickly" exchange Yaxley called her "a tramp" and a drink was thrown over him.
The complainant demanded that Yaxley left the property and he attempted to take £400 of cash on his way out.
Mr Jackson said: "Yaxley was certainly in a temper, and there was a lot of pushing and shoving.
"He began deliberately punching the complainant's door, and spat in her face. As he left, he caused further damage to walls, floors and her car's wing mirror.
"The damage was significant - we're talking in excess of £500."
He added: "We're dealing with a spit pre-Covid, so though there was no risk of infection, it was clearly a weapon of humiliation."
Debbie Reynalds, mitigating, told the court there had been "argy bargy" between the parties.
She said: "He totally lost control of his emotions when he spat, but he admits he has an emotionally unstable personality disorder and PTSD.
"He accepts he has a long way to go with his anger management counselling.
"He is a young man who will no doubt have future relationships, and needs to learn not to fly off the handle."
Peter Candon, Presiding Justice, told Yaxley that the court was adjourning sentence pending the completion of a pre-sentence report. The court could not, Mr Candon said, rule out the prospect of a custodial sentence.
At that point Yaxley began shouting and swearing towards the bench and prosecutor.
"You're all standing here judging me and you're all taking the girl's side. It's a joke", Yaxley exclaimed.
"I was the one with the black eye, but is she going to stand here and get done for what she did?"
Yaxley stormed out of court, accompanied by security staff.
He was granted conditional bail until his sentencing hearing on Wednesday, 28th October 2020. Presumably that information will need to be conveyed to him by Ms Reynalds.
Yaxley is clearly an immature young man who doesn't quite understand how court works.
If a defendant admit their offence then, unless the prosecution accepts a basis of plea, the court sentences on the prosecution version of events. The court also has due regard to any mitigation offered on the defendant's behalf.
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