Friday, November 11, 2005

Boozing session led to assault on partner

An Alcoholic who suffers from severe depression and dyslexia assaulted his partner before jumping into bed and falling asleep, a court heard.

Michael Dave Nicholls pleaded guilty to assaulting his partner of 10 years but blamed the incident on his excessive drinking.

The 48-year-old, of Roffey Close, Horley, appeared before Redhill magistrates last Thursday.

Andrew Stephens, prosecuting, said that the defendant was at home with his partner and his nephew when the incident happened.

He added: "The defendant is an alcoholic and had drunk a two or three-litre bottle of cider.

"His partner told police that the defendant became angry after an argument but she couldn't remember what it was about. She said that they usually argue about how much he drinks because she doesn't want him to harm himself."

The court heard that the defendant grabbed his partner's arm and pushed it up behind her back. The victim asked him to stop because it was hurting before he went straight to bed and fell asleep.

Mr Stephens said: "The victim waited for the police to arrive. She had bruising to her right hand and arm and had pain in her shoulder.

"In interview the defendant admitted he is an alcoholic. They had drunk cider and ate pizzas while watching television.

"The defendant denied there was an assault and suggested that she had lied to the police.

"Previously he had a good character and has no convictions recorded against him."

Rodney Bruce, defending, said that the incident came about after the trio had been drinking.

He said: "The defendant wasn't the only one who had been drinking. It was fuelled by alcohol.

"Up until last year he was employed as a cleaner for most of his life. He has now been signed off and receives incapacity benefit."

Chairman of the bench Paul Ryder said he was encouraged to hear that the defendant was going to address his problems.

He said: "We can't condone this kind of incident at all. We are encouraged you are going to your GP to do something about it.

"Go away and prove that what your lawyer has said on your behalf you can do and let's not hear about any more incidents like this."

Nicholls was given a 12-month conditional dis-charge and ordered to pay £55 towards court costs.

ic SurreyOnline ~ Nov 10 2005