Third conviction for domestic violence - but no jail

Friday 16 September 2016

A man who has been convicted of a third assault on his partner in four years escaped jail yesterday.

Wieslaw Burghardt was found guilty of assaulting his partner and was handed an 18-month probation order by Magistrate Bridget Shaw.

The Magistrate said 49-year-old Burghardt was within a whisker of going to jail as he committed previous assaults on his partner in 2012 and 2014. 

The Magistrate’s Court heard Burghardt, who required a translator throughout the proceedings, has lived in Jersey for 12 years.

His relationship with his partner was described as “tempestuous” and rows were often triggered by alcohol. 

Defending Advocate Miss Fritha Ford said Burghardt had a good work record and is the main bread winner in the relationship. 

Advocate Ford said: “He accepts the status quo cannot continue. He is willing to do any course and any amount of probation service that the court may consider suitable. He wants to go above and beyond whatever the court imposes in order to stop this vicious cycle. 

“The month he has spent in custody has been a sobering experience. He is willing and keen to move forward in the future, with or without his partner and to address the issues he has with alcohol. He is prepared to walk away from the relationship if there are not changes. 

“With a cool head, he realises violence is not the answer in a domestic situation or anywhere else. He knows domestic violence will not be tolerated at any level.”

Advocate Ford said the assault was “at the lower end of the scale” as it mainly involved pushing and his partner was not physically injured. 

 She added: “Alcohol is the key problem in this relationship. If they cannot work together there is a commitment to walk away. The status quo cannot continue and the defendant thoroughly accepts that.”

Burghardt, of Kensington Place, who had been in custody for nearly a month, listened through the translator as the Magistrate gave her verdict. 

Magistrate Shaw said: “You have a history of domestic violence as this is the third time you have been convicted of violence like this. The assessment of the probation service is that this is a high risk case and they are extremely concerned about the danger posed in your relationship. 

“You have not been honest in this matter. You pleaded not guilty and yet you were guilty. 

“You might not have caused any physical injuries but this would have been a frightening situation. You were raising your fists and bringing them down. There was the threat of violence to her repeatedly and in her own home. The victim is a vulnerable person.

“You were given the opportunity in 2014 to change your ways but you did not do so.

“I am going to make a probation order instead of sentencing you to custody. I will give you the opportunity to work with the probation service but if you fail to be fully engaged and not just pay lip service you will be brought back to court and there is very little chance of anything other than custody. 

“Any further convictions for domestic violence and the court will consider a recommendation for deportation. That should be an incentive for you to behave well. You did not get away with it this time. 

“The order of the court is that you will be under the supervision of a probation order for 18 months. If you don’t commit to that order, custody is very likely.”