Assault man is `given benefit of every doubt'
Senior Magistrate the Wor. Will Francis on Monday when he was handed a $300 fine for assaulting his former girlfriend and causing her grievous bodily harm.
"We take assaults like this very seriously,'' Mr. Francis told Sean Burgess of Hilltop Drive. "But I feel this is a matter where there was some provocation and anger on both sides.'' Mr. Philip Perinchief, for Burgess, said his client admitted shoving the woman and slapping her once, but said he was attacked first with a pair of scissors.
Insp. Peter Duffy, prosecuting, read details of Ladonna Smith's version of the events, which took place at her Sunset Drive, Hamilton Parish, residence on July 27.
According to the report, Burgess arrived at Smith's home to discuss a personal matter concerning their 14-month-old son. The pair's relationship had ended last December.
An argument eventually broke out, and Smith asked Burgess to leave. After her second request, Burgess picked Smith up and threw her across the living room where she landed on her back.
Smith grabbed a pair of scissors for defence, but Burgess wrestled them from her and began jabbing at her face. During the mele, Smith was stabbed in one of her fingers.
Insp. Duffy said Burgess dropped the scissors when Smith managed to bite him on the hand, but he slapped her across the head and snatched them up again.
During this exchange, Smith sustained a nick on her right arm and scrapes on her stomach.
Smith ran out of the residence, yelling that she was going to call the Police.
"Get the...Police. They can't do anything to me,'' Burgess told her. He then threw the scissors into nearby hedges telling Smith: "Where's your...evidence now?'' After calling Police from a neighbour's home, Smith was taken to hospital where she was treated for scratches to her right arm, left finger, abdomen, and head, and a superficial laceration to her right index finger.
Burgess made a statement to Police later that day, where he admitted slapping and shoving Smith -- in self-defence.
Mr. Perinchief told the Senior Magistrate that his client had indeed attended Smith's residence -- at her request -- and that she became "agitated'' when he informed her of a relationship he was having with another woman.
The lawyer said Smith attacked his client first with the pair of scissors. The wounds she received, he said, were a result of the struggle to wrench the scissors from her.
"He did not deliberately harm Miss Smith,'' said Mr. Perinchief. "He apologises to Miss Smith and to the court. He has never before found himself in this sort of situation and hopes it can be put behind him so he can get on with his life.'' Before passing sentence Mr. Francis told Burgess: "In cases like this, people sometimes go to prison. I'll give (you) the benefit of every doubt, but that business about picking her up and throwing her on her back...''
