A man under the influence of drugs kicked his partner in the stomach during a row just ten days after she underwent an emergency C-section operation, a court was told.
Michael Burns also grabbed the woman tightly around the throat, to the point where she briefly began to pass out, in the incident at her home in Durham, in the early hours of April 30 this year.
Durham Crown Court heard that the victim had given birth prematurely by C-section in hospital on April 20, receiving 39 stitches.
She briefly returned to her home to collect belongings ten days later and arrived at 2am to find her partner present.
Jon Harley, prosecuting, said during her stay in hospital she had received abusive messages from him and she formed the view he may have been cheating on her.
On her return home to collect items he became “rowdy” and appeared under the influence of drugs.
When she suggested he may have been seeing another woman, he raised his hand to her and slapped her across the face causing her to fall to the floor.
He then grabbed her neck and squeezed, leaving her struggling to breathe, before releasing his grip and kicking her to the stomach a number of times causing her C-section to partially reopen with some blood loss.
Mr Harley said the victim described the defendant kicking her stomach, “like a football”.
After the assault she tried to “pad” the wound to stop the bleeding and she began to feel unwell, due to blood loss.
On her return to hospital staff described her as “looking grey”, although by then the bleeding had stopped.
Mr Harley said there had been some discharge of fluid but no further bleeding and the wound was treated.
In a subsequent statement to police the victim said Burns’ abuse had affected her mental health and confidence, leaving her scared to move on in her life, feeling she had, "failed at everything".
She said she had trusted someone again, after previous abuse from a past partner, and the defendant had taken away that trust.
Having denied all charges originally, with the case listed for trial, the 29-year-old defendant, of Havelock Terrace, Ryhope, Sunderland, admitted a reduced two-count indictment, including intentional strangulation and assault causing actual bodily harm, on August 19, nine days before his victim was to be cross-examined as part of the trial process.
The court was told the offence put him in breach of a suspended sentence order imposed earlier in April, weeks before the latest incident took place.
Shaun Routledge, in mitigation, said the defendant, “had the good sense to plead guilty” when, “a sensible view was taken about this case.”
Mr Routledge said: “With the trial approaching, thankfully his pleas to those two counts were acceptable to the Crown.
“I accept it was a very unpleasant incident and I accept it must have been very frightening for the victim.
“I understand it was a late plea on his behalf.
“There’s a background of domestic disharmony and abuse which is accepted by the defendant.
“But he has spent his time on remand positively.
“He works in the charity shop at Durham Prison and he’s in the gym most days.
“He wants to apologise for his behaviour and wants to focus, while in prison on improving his behaviour.
“The time in custody has given him the chance to consider and reflect.”
Mr Routledge said the defendant had been on medication for depression before the incident.
Judge Richard Bennett told Burns that rather than be supportive while his partner was in hospital undergoing emergency treatment he sent her abusive messages.
When she returned to her home that night to collect property, she asked if the defendant had been cheating on her and he responded with violence.
“It’s clear you were under the influence of drugs.
“You kicked her to the stomach and and choked her throat, and when she returned to hospital the staff could see she was clearly unwell.
“You caused her multiple injuries to the face and neck area.
“Your violence has affected her psychologically.”
Judge Bennett told Burns that, having read his pre-sentence report, prepared by the Probation Service, in which he appeared to “minimise” his offending: “It appears you have an entrenched and negative attitude to women with a desire to control and it appears you have been abusive to multiple partners.”
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The judge said he was satisfied the defendant poses a risk to any future domestic partners.
He imposed a 30-month prison sentence but added a further three months, activated from the previous suspended sentence, in April.
The judge also made the defendant subject to a five-year restraining order preventing him from contacting, directly or indirectly, or approaching his, now ex-partner.
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