Chesterfield man jailed for throwing phone at girlfriend’s head

A man has been jailed for throwing a mobile phone at his girlfriend's head while serving a suspended sentence.

Wednesday, 31st March 2021, 7:41 pm

Andrew Lomas’ partner Emma Bates was left with a one-inch cut on top of her head when he hurled the device after a row erupted between the two.

Chesterfield Magistrates Court heard how Lomas and Ms Bates had been drinking with the victim’s mother Jean Bates at her home the evening before the assault in February.

After going to bed around midnight Emma’s mother was awoken at 5am by shouting - then saw Lomas, 44, fling the phone.

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Prosecutor Daniel Wilshaw told how as the victim’s mother tended to her cut in the kitchen Lomas kicked and destroyed a bin.

He said: “The two ladies managed to take him outside - where he started banging on the door and the windows.”

Mr Wilshaw said Lomas - who had left his keys in the house and wanted them back - smashed a kitchen window pane.

He admitted criminal damage on a “basis” - that he had not intended to break the glass but had simply used too much force while banging.

Andrew Lomas’ partner was left with a one-inch cut on top of her head. Photo for illustrative purposes
Andrew Lomas’ partner was left with a one-inch cut on top of her head. Photo for illustrative purposes

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Lomas also admitted assault on a “reckless basis” - that he had not intended to hit his girlfriend but had just thrown the phone in her “general direction”.

The court heard how Lomas was still serving a six-week suspended jail term for breaching a restraining order when the incident happened.

His solicitor Amjid Ibrahim told magistrates the domestic incident happened near the end of Lomas’ suspended sentence order.

He added: “He didn’t intend to hit her.”

Magistrates told Lomas - who was remanded into prison one day after the assault on February 8 - “I don’t feel it’s unjust to activate the suspended sentence.

“This was a domestic situation and although reckless you used a weapon - the mobile phone.

“You caused an injury and did this while serving a suspended sentence.”

Lomas - who had already served a large portion of his sentence - was jailed for 18 weeks including the previously-imposed six-week suspended term.

The 44-year-old, of Annesley Close, Hasland, was made to pay £85 compensation to Jean Bates for the criminal damage and given a six-month restraining order not to contact her.

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