“Green-eyed monster” grabbed his partner around the throat

Chesterfield magistrates' court.

Chesterfield magistrates' court.

A “green-eyed monster” who grabbed his partner around the neck after a row over a mobile phone contact has narrowly been spared from jail.

Chesterfield magistrates’ court heard on Wednesday, July 13, how Nathan Roy Smith, 33, of Brookfield Crescent, Shirebrook, also carried out the attack on his partner while there were family members in her home.

Prosecuting solicitor Sarah Haslam said Smith had checked the victim’s phone and seen a contact which upset him and he slammed her against a wall and grabbed her by the throat twice.

Smith also went upstairs in his partner’s home, according to Ms Haslam, and found and smashed her mobile phone.

The defendant pleaded guilty to assaulting his partner and damaging her Sony mobile phone during the incident on June 1 at Langwith Junction.

Defence solicitor Steve Brint said Smith had been in a relationship for three years and there had been other incidents during this time but he claimed it had not been totally one way.

He added that the couple had difficulties after a child was born with brittle bone disease and social services became involved which put pressure upon them until it was established the child was not being abused but was suffering from a medical condition.

Mr Brint said: “The defendant has an issue with anger and with drink but he accepts there was no excuse for what he did.

“There had been previous incidents where other males had been involved and this was a combination of green-eyed monster, alcohol and anger management culminating because he thought he was still in a one-on-one relationship.”

District Judge Andrew Davison told Smith: “There are aggravating factors because of the nature of the assault with the use of hands around the throat on two occasions and for terrifying the victim with two others present.”

He added: “This offence has had a significant impact on the complainant and although there were no definable injuries the psychological harm can be worse than cuts or bruises.

“I’m satisfied your remorse is genuine but you need to control your temper.”

District Judge Davison sentenced Smith to 16 weeks of custody suspended for 18 months with a Building Better Relationships programme and a Rehabilitation Activity Requirement programme with 60 hours of unpaid work.

He was also given a five-year restraining order not to contact the complainant.