Abusive boyfriend escapes jail after breaking partner's arm
A domestic abuser has escaped jail after his partner begged a judge to show mercy.
Timothy Montague broke Kerry Jenkin’s arm with a plank of wood in a drunken attack when they argued as he carried out DIY at her home in Ilfracombe.
Her right arm needed hospital treatment after she used it to try to fend off the attack, which was his third attack on her in a 17-year relationship.
He attacked her again just three weeks later and gave her a black eye as she was chatting over the garden fence with a neighbour.
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Montague, 57, was given suspended sentence after the Ms Jenkin wrote in her victim impact statement that she did not want him to go to jail.
Montague, of Westbourne Grove, Ilfracombe, admitted causing grievous bodily harm and common assault and was jailed for 16 months, suspended for two years, curfewed for four months, ordered to pay £1,000 compensation, and banned from going near Ms Jenkin’s home in Queens Avenue, Ilfracombe.
Assistant Judge Advocate Alan Large told him: ”You have three relevant convictions but on this occasion went considerably further than you had ever done before.
“You had a piece of wood and struck her with it causing a serious injury as she defended herself with her arm up. You would have had to strike her with considerable force to have done that.
“I expect she was still in plaster when there was another argument when you had been drinking and you punched her in the face in front of a neighbour.
“I am suspending sentence so you can have it hanging over your head and know what with happen if you get into a drunken argument again and resort to violence.”
Janice Eagles, prosecuting, said Ms Jenkin did not report the attack at the time her arm was broken in May but told police about it after a further incident a month later.
Miss Eagles said: ”She described him as having a split personality, being fine when he was sober and extremely unpredictable when drunk, demeaning her and referring to as ‘the slug under the bench’.
“On the day of the first assault he had been at her home doing DIY and he was quite drunk. There was an argument and he picked up a plank of wood and struck her on the arm.
“She told doctors at the hospital she had fallen down the stairs but they later identified it as a night stick fracture, a classic defensive injury.
“She made a victim impact statement which demonstrated compassion for the defendant and expressed the wish he should not go to prison.”
Miss Eagles asked for the restraining order, which will not prevent the couple from seeing each other again but will make her home a safe haven.
Terry Holder, defending, said Montague had suffered from depression and started drinking too much after ill health forced him to give up work.