Newbury domestic violence offender Gary Smith sentenced to community service

A MAN who battered his girlfriend even as she sobbed on the phone to police for help has been sentenced.

At a hearing in February, Reading magistrates were told how Gary Smith followed victim Chloe Withers from room to room, flailing at her with both fists.

The court was told the couple got into an argument about him seeing other women after Ms Withers spotted something incriminating on his mobile phone.

Lisa Mutch, prosecuting at that previous hearing, said 32-year-old Smith, who was living in Green Lane, Newbury, was asked to leave by Ms Withers.

He then assaulted her, swinging punches with both hands with full force, she added.

Even as Ms Withers spoke to police on her phone, the “prolonged assault” continued from room to room.

Ms Mutch went on: “He tried to interfere with that call to police and she sustained bad bruising.”

Magistrates were shown a photo of one particular, deep black bruise the size of a tennis ball on Ms Withers’ arm.

Smith admitted assaulting Ms Withers, thereby causing her actual bodily harm, in Newbury on June 28 last year.

He has prior convictions and has previously served a prison term, the court heard.

Gianpaolo Damiani, defending, said his client admitted the offence on the basis that he had accidentally injured Ms Withers during excessive self defence – an account not accepted by the prosecution.

He added: “She snatched his phone; he snatched it back; she went for his neck.”

Mr Damiani said the bruise on Ms Withers’ arm was caused by a blow from his client’s elbow while he was using “excessive self defence”.

Magistrates ordered pre-sentence reports.

At a consequent sentencing hearing on Thursday, April 4, Smith was made subject to an 18-month community order.

Under its terms he must complete up to 26 days of rehabilitation activities and must undertake 80 hours of unpaid community work.

In addition, Smith was ordered to pay £85 costs, plus a statutory victim services surcharge of £114.