Estranged husband ordered to pay £841 after smashing wife's phone

Chesterfield magistrates’ court heard on Wednesday, March 30, how Mark Wibberley, 39, of Alma Street West, Chesterfield, had been separated for about ten months and the relationship seemed to be at an end as far as Wibberley’s wife was concerned.

Prosecuting solicitor Sarah Haslam said: “After ten months of lots of arguments they separated and he left the property and rented somewhere else.

“They tried to get back together and argued and separated again.

“The defendant had a hospital appointment and she went to his property and they both drank wine and argued and she went home but she was woken by banging and the defendant was shouting let me in.”

The court heard how Wibberley picked up an ornament and smashed it against the back door of the property and when she went to call police he grabbed her mobile phone and threw it to the ground.

Wibberley accepted damaging the mobile phone and the door but because he owns the property a criminal damage charge relating to the door was withdrawn by the Crown Prosecution Service.

However, the defendant pleaded guilty to causing criminal damage to his wife’s phone after the incident on March 12.

Defence solicitor Kevin Tomlinson said: “During the period following May 15 they were in the process of trying to reconcile the relationship by going on holiday in the summer of 2015 and they spent Christmas and New Year together.

“It appeared as if the relationship was resuming but in the early part of this year that seemed not to be the case as far as Mr Wibberley’s wife was concerned.”

Just before the incident, according to Mr Tomlinson, Wibberley had been given the all-clear after tests for cancer and they had been together drinking before they started arguing.

Mr Tomlinson added: “Sadly, Mr Wibberley went back to her property by taxi and an argument developed about a relationship she appeared to be having with someone else.

“He picked up her phone because a message appeared from other man and he damaged the phone and he was arrested.

“He is deeply ashamed and wants to publicly apologise for his behaviour which was wholly unacceptable and it shouldn’t have taken place and he wishes to reassure the court it will not happen again.”

Magistrates fined Wibberley £415 and ordered him to pay £85 costs, a £41 victim surcharge and £300 compensation.