A man who squeezed his ex-partner by the throat and pushed her over has escaped a jail sentence.
Dwaine Burrell, 24, of Norwood Road, Birkby, had denied assaulting Serena Bashir at her Bradley home but was convicted after a trial.
District Judge Michael Fanning, sentencing Burrell to a nine-month community order, told him: “In blunt terms it could be said you tried to strangle your partner and that would mean a prison sentence.
“However, the magistrates who heard the trial recommended a community sentence. I didn’t hear the trial so the circumstances may have been different and I have to follow their advice.”
Mrs Vanessa Jones, prosecuting, told Kirklees Magistrates’ Court that the couple had a child and separated when their two-year relationship ended.
On March 7 this year Burrell went to Ms Bashir’s home to collect the baby. While there he asked to get some documents.
When he seemed to be a long time Ms Bashir went to find him and they argued. Burrell had seen some possessions belonging to Ms Bashir’s new partner.
Mrs Jones said: “Mr Burrell grabbed her neck and squeezed her neck. She suffered a shortage of breath and cried out and he released his grip.
“He followed her to the kitchen and pushed her in the back. She then went into the lounge and he pushed her in the back again. She fell and hit her head on the coffee table.”
Ms Bashir suffered a reddening of her neck and headache.
Mr Marnat Ali, for Burrell, said his client worked full-time and there were no previous allegations against him. It was a one-off incident caused by the breakdown of their relationship.
Judge Fanning imposed a community order with a 15-day activity requirement with a £300 fine, £620 prosecution costs and a £60 victim surcharge.
The judge gave Burrell 56 days to pay the £980 and told him to “get a loan”.
He added: “The cost of the trial should not fall on the public or the taxpayer.”
A restraining order banning contact with Ms Bashir was issued though Burrell’s mother can arrange for him to see his child.
Click here to take you back to more Huddersfield news.
Want to read, watch and hear more? You can download the FREE Examiner Apple App here, the FREE Examiner Android App here or you can view the paper as an e-edition on your Apple, Android or Kindle device by clicking here
To follow us on Twitter click here
