Basingstoke mum tells of her horror as former boyfriend who snapped her collarbone in brutal attack is spared jail (From Basingstoke Gazette)
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Basingstoke mum tells of her horror as former boyfriend who snapped her collarbone in brutal attack is spared jail
THE VICTIM of a brutal attack by her former boy-friend has expressed her disgust after he was spared from prison.
Richard Swain tackled Carly Norman to the floor, tried to strangle her, and repeatedly punched her, leaving her with a broken collarbone that protruded through her skin.
A jury convicted Swain, 39, of inflicting grievous bodily harm without intent after a trial at the Old Bailey in London. He denied the charge and said her injuries were the result of an accident.
At the sentencing hearing, Recorder Andrew Trollope said Swain, who had a previous conviction for battery against Miss Norman, did not pose a threat to the public, and ordered him to complete a community order.
After the hearing, Miss Norman told The Gazette: “I think it’s disgusting. He has got away with it and I have had to suffer.
“It’s very difficult to know he’s walking around, having not really been punished, in my opinion. He might have to go to the probation service or attend a domestic violence course, but it’s not affecting his life. “ As previously reported in The Gazette, the couple, who started dating eight years ago after working together at The Rhu Bar, at Top of The Town, Basingstoke, stayed overnight in London on December 1 last year after attending a fancy dress party on a boat on the River Thames.
The trial heard that the next morning, beauty consultant Miss Norman playfully splashed water on Swain to wake him up, and he then attacked her.
The mother-of-one, from Basing-stoke, told The Gazette that the pain she experienced was worse than childbirth.
At the sentencing hearing, Stephen Shay, prosecuting, said that doctors had recently removed the metal used to fuse the broken collarbone in Miss Norman’s right shoulder.
He also told the court that Swain had been convicted of battery against Miss Swain in 2009, for pushing her over a wall and against a window after she had thrown salad at him while drunk.
Sachin Rajput, defending Swain, said he had received 50 references about Swain from friends and family, including a former partner now living in Australia, and from Marion Cornick, founder of The Loddon School, in Sherfield-on-Loddon.
He added Swain also had the support of his new girlfriend, who he had met during the trial, and who sat alongside his family in the public gallery during the sentencing hearing.
Mr Rajput said: “He is remorseful about the circumstances that led to her being injured, and remorseful about staying in a relationship that led to this incident.”
Addressing Swain, Recorder Trollope said: “You denied responsibility for causing her injury and gave an account, which in my judgement was wholly implausible.
“However, apart from this matter and the other matter, you are a man of good character who has led an industrious life.
“I take the view that while this offence ordinarily would merit an immediate custodial sentence, in the circumstances of this case, the public interest does not require you to serve an immediate custodial sentence.”
Swain, who lives with his parents in Foyle Park, Cranbourne, received a 12-month community order, with a domestic abuse programme and two years supervision order. He must pay Miss Norman £2,500 compensation.
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