Rugby man kicked and punched ex-partner in street attack - The Rugby Observer

Rugby man kicked and punched ex-partner in street attack

AN ASSAILANT who attacked his ex-partner in the street, kicking and punching her, may have made things worse for himself – because of the basis on which he has admitted the assault.

Allan Mallinson, 44, of Hudson Road, Rugby, had pleaded guilty to assaulting the woman, causing her actual bodily harm, and breaching a restraining order.

Justin Jarmola, prosecuting at Warwick Crown Court, said a restraining order banning Mallinson from having any contact with his former partner had been imposed in November last year.

But when he saw her in Cromwell Road, Rugby, on July 23, he approached her and began using ‘extremely offensive language’ towards her before bizarrely offering to walk her home.

“This was declined, causing him to grab her by the hair and punch her to the face on numerous occasions and to kick her to the body,” said Mr Jarmola.

It had been suggested by one witness that there had been kicks to the head, which was denied by Mallinson in the basis on which he had entered his plea.

And Judge Stephen Eyre QC said he had ‘no difficulty’ sentencing on the basis that there were kicks to the victim’s body and not to her head.

But the judge continued: “I am more concerned about the statement in the basis of plea that they had been out for a drink together on that day. Does he persist in that basis?”

Following an adjournment for him to speak to Mallinson, Colin Charvil, defending, said: “Yes, he says they went together that day to visit his grandmother in a care home, and following that, they were together, drinking.”

Judge Eyre commented: “That makes quite a substantial difference.”

And Mr Charvil agreed, suggesting it meant that the victim was ‘complicit in the meeting.’

But Mr Jarmola argued that it made Mallinson’s position worse rather than better.

“It goes from a chance meeting to being a flagrant breach of a court order by a man who then goes on to batter a woman in the street,” he commented.

So the judge adjourned the case for a ‘trial of issue’ to take place into how they came to be together, and Mallinson was remanded in custody.

Rejecting an application for him to be granted bail so he could attend his grandmother’s funeral, Judge Eyre said: “That’s a matter for the prison authorities. I am not ruling on bail now.”


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