Bathgate man kicked woman as she lay on the ground

Feb 4 2010 by Alistair Watson, West Lothian Courier

A THUG who kicked his partner after he had thrown her to the ground has been sentenced to four months in jail.

Christopher Mitchell, from Bathgate, had pushed the mother of his children to the ground, causing her to fall, in an argument outside her house in Blackburn.

At Livingston Sheriff Court, it was heard that the defendant had been inside the victim’s home on the afternoon of January 27 when a heated row began about money.

Fiscal depute Alastair Learmont said aggression was shown by both parties before Mitchell was asked to leave.

The 26-year-old’s partner began throwing items of his clothing out of her house as the argument continued out on to the street.

At this stage, Mitchell grabbed his partner and pushed her, causing her to fall before he began kicking her on the body. She managed to flee into the house and locked the door before Mitchell demanded that she let him back inside her home. When the victim refused to allow him entry, Mitchell climbed through an open living room window.

The woman and her child then barricaded themselves in the bathroom as Mitchell shouted and swore from the other side of the locked door before attempting to kick it open, causing damage to a door panel, and then left soon afterwards.

Appearing from custody, Mitchell, whose address was given as Gideon Court, Bathgate, pled guilty to assault and a breach of the peace.

His solicitor, Andy Aitken, told the court his client had a number of previous convictions for assault.

However, Mr Aitken added: “None of his previous violent offences were of a domestic order.

“He said he was kicked on the leg before he was asked to leave.

“Items of his clothing were strewn across the lawn and he was particularly upset when Christmas presents he had given the girls were thrown out.

“He said he lost his temper and threw her to the ground and kicked her on the body. There was no injury to the victim.

“His behaviour was quite unacceptable but he is hopeful they can still reconcile.”

Despite the solicitor’s plea, Sheriff Peter Hammond said he had no option but to jail Mitchell because of his number of previous convictions.

Sentencing him to four months’ imprisonment, Sheriff Hammond said: “I have listened very carefully to the circumstances of the offence.

“I note there was no injury sustained by your victim but, against that, you have a record for violence and, in the last four years, you have served two sentences for violence, one on indictment level.

“This was a wholly unacceptable offence and I have come to the view that nothing less than a custodial sentence is appropriate in this case.”