A Cheshire man beat his partner black and blue with an extendable baton, when she forgot the code to unlock her mobile phone.
Anthony Frost, 54, of Church Road, Northwich, admitted one offence of assault occasioning actual bodily harm when he appeared at Warrington Magistrates' Court on Thursday, 9th May 2024.
Assault occasioning actual bodily harm (ABH) is an offence under section 47 of the Offences Against the Person Act 1861. It has a maximum penalty of 26 weeks' custody on summary conviction; 5 years' custody on conviction on indictment.
District Judge Jack McGarva heard that the "prolonged assault" took place at the home the couple shared on the morning of Friday, 5th August 2022.
Michael O'Kane, prosecuting, outlined the horrific circumstances of the assault, which began when the woman was lying asleep in her bed.
Frost went to wake his partner by throwing water onto her and flipping the mattress over.
He then sparked a lighter inches away from her face, which left her "petrified".
The woman then climbed back under the covers, as she was taking anxiety medication that made her very tired.
A short time later Frost attempted to wake her again, telling her to unlock her mobile phone because he wanted to transfer some money.
The shaken victim was unable to unlock the phone using her digital fingerprint, as she normally would. Given the stress of the situation, she was also unable to remember the passcode.
This angered Frost, who started to lay into her with an extendable baton. The woman screamed in pain, but Frost continued hitting her and demanding she unlock the phone.
Despite being beaten "black and blue" the woman didn't seek medical attention or contact the police. She remained at home for as long as she could, because she did not want anyone to see her injuries.
The victim later confided in her mother and the assault was eventually reported.
The court heard that the relationship ended ten months ago.
Mark Evans, mitigating, said: "He admits the offence fully. He admits it because he believes truly, he has done something wrong.
"He has apologised to the victim multiple times."
Mr Evans told the court that his client did charity work and had a low risk of reoffending.
DJ McGarva, sentencing, said: "This is a nasty case of domestic abuse.
"It was a prolonged incident involving the use of a weapon. Your behaviour was demeaning to the victim.
"She must have been terribly frightened during the incident. It was a prolonged and persistent assault."
DJ McGarva was of the view that the offence was so serious that only a custodial sentence was appropriate. However, for reasons that have again gone unreported, he elected to suspend the custodial term.
Frost was sentenced to 24 weeks' custody suspended for 18 months, with the requirements that he completes up to 15 days' rehabilitation activity, 200 hours' unpaid work and completes the Building Better Relationships programme.
He was also ordered to pay £500 in compensation and made subject to a restraining order that prohibits him from all contact with the victim for the next two years.
As is usually the case, I am having to do a bit of "joining the dots" when I read this.
First off, it would appear, given the final sentence, that no action was taken in relation to the extendable baton (an offensive weapon, which it is illegal to possess even in a private place).
Given the offence as described, I would say Frost got off pretty lightly here. Repeatedly attacking a vulnerable woman, in a vulnerable situation, in a domestic context, during a sustained incident, with an illegal weapon - that is a very, very serious matter.
It is not immediately apparent how he managed to escape immediate custody.
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